"Guidance and Publications Intranet Site" - Jan. 2019

Matthew Hoppock filed this request with the Department of Justice, Executive Office for Immigration Review of the United States of America.
Tracking #

DOJ-AP-2019-007085

Due Feb. 5, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: Matthew Hoppock


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

The documents contained on the "Guidance and Publications Intranet Site" which should include the following -

1. Draft decision bank - a copy of each of the draft decisions located in the draft decisions bank;
2. State Crime charts - a copy of each of the state crime charts contained on the Intranet Site;
3. Published Case Summaries - a copy of each of the records in the nationwide repository of all of the published circuit court case summaries that the JLCs have produced;
4. Legal Outlines - a copy of each of the outlines of various immigration law topics held on the Intranet site;
5. BIA Precedent Committee - a copy of the requests to the Board of Immigration Appeals to issue a precedent decision on an unresolved question of law; and
6. Training Materials - the copies of "recent training session materials, including IJ conferences and JLC conferences" currently maintained on the Intranet set.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

Received and being processed.

This one is currently #62 of 90 complex requests.

From: Department of Justice, Executive Office for Immigration Review

We are reviewing the website. This is #22 of 108 requests.

From: Department of Justice, Executive Office for Immigration Review

We have access to the webpage and are reviewing the contents.

From: Department of Justice, Executive Office for Immigration Review

Status FOIA 2019-14496

From: Department of Justice, Executive Office for Immigration Review

Matthew, this is a very heavy lift, but I am 90% complete with the attorney review.

The FOIA number is 2019-14725.

Wr/JRS

From: Department of Justice, Executive Office for Immigration Review

Matthew, enclosures will follow on CD.

Wr/
Joseph R. Schaaf
Chief Counsel, Administrative Law
Executive Office for Immigration Review

From: Department of Justice, Executive Office for Immigration Review

An acknowledgement letter, stating the request is being processed.

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From: Matthew Hoppock

First, I am writing to appeal the redactions to these documents, most of which are not appropriate. In numerous circumstances the agency has used code b5 which the adjudication letter says redacts "privileged information." But most of these redactions are not related to specific cases or decisions but are instead simply research and agency guidance for Immigration Judges. Such guidance, whether formal or informal, is not privileged information. An example: The 86-page Federal Crime Chart redacts most of the agency's guidance for IJs on whether certain crimes are aggravated felonies or crimes involving moral turpitude. Because this is a basic research chart stating what the law is and does not reflect agency decisions (or pre-decision content) on a specific case or attorney advice, it is not privileged. My appeal challenges every redaction in these documents - not just the example I've listed.

Second, it appears the agency has withheld certain documents without invoking any exception. For example, we understand this intranet site has 22 numbered documents related to the Franco settlement. However, the agency only produced 5 numbered documents (numbers 1, 6, 7, 8, and 9). Although there are other numbered documents here, they appear to be in a different form or have been edited from what is on the intranet site. Further, the intranet site contains prior versions of several of these charts. Although new versions have been uploaded over time, the agency is still required to produce the prior versions, as we asked for all documents on this intranet site fitting the descriptions listed.

Warning An exclamation point.

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From: Matthew Hoppock

First, I am writing to appeal the redactions to these documents, most of which are not appropriate. In numerous circumstances the agency has used code b5 which the adjudication letter says redacts "privileged information." But most of these redactions are not related to specific cases or decisions but are instead simply research and agency guidance for Immigration Judges. Such guidance, whether formal or informal, is not privileged information. An example: The 86-page Federal Crime Chart redacts most of the agency's guidance for IJs on whether certain crimes are aggravated felonies or crimes involving moral turpitude. Because this is a basic research chart stating what the law is and does not reflect agency decisions (or pre-decision content) on a specific case or attorney advice, it is not privileged. My appeal challenges every redaction in these documents - not just the example I've listed.

Second, it appears the agency has withheld certain documents without invoking any exception. For example, we understand this intranet site has 22 numbered documents related to the Franco settlement. However, the agency only produced 5 numbered documents (numbers 1, 6, 7, 8, and 9). Although there are other numbered documents here, they appear to be in a different form or have been edited from what is on the intranet site. Further, the intranet site contains prior versions of several of these charts. Although new versions have been uploaded over time, the agency is still required to produce the prior versions, as we asked for all documents on this intranet site fitting the descriptions listed.

From: Department of Justice, Executive Office for Immigration Review

This message is to notify you of a new appeal submission to the FOIAonline application. Appeal information is as follows:

* Appeal Tracking Number: DOJ-AP-2019-007085
* Request Tracking Number: 2019-14496
* Requester Name: Matthew Hoppock
* Date Submitted: 09/17/2019
* Appeal Status: Submitted
* Description:
EOIR Appeal

From: Department of Justice, Executive Office for Immigration Review

The Office of Information Policy has made its final determination on your FOIA Appeal Number DOJ-AP-2019-007085 .  A copy of this determination is enclosed for your review, along with any enclosures, if applicable.  Thank you.

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