IJ Shelly Schools Hiring Records

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

It is a clone of this request.

Tracking #

2019-14540

Status
Rejected

Communications

From: Matthew Hoppock


To Whom It May Concern:

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

1. The records related to the process of hiring Immigration Judge Shelly Schools.
2. The e-mail messages to or from any EOIR employee from January 1, 2015 and January 8, 2018 mentioning the word "Shelly Schools"

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

Dear Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 50 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

When requesting a status update, please be sure to always include the FOIA Control Number so that we expeditiously locate your request. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 38 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Mr. Hoppock:

Thank you for your inquiry. Please provide the FOIA Control No. so that we can provide you with a status update.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Matthew Hoppock

Good afternoon. We have never received a FOIA control number. The original FOIA request, which was submitted January 6, 2019 is located here: https://www.muckrock.com/foi/united-states-of-america-10/ij-shelly-schools-hiring-records-67032/

It asked for the following:

"To Whom It May Concern:

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

1. The records related to the process of hiring Immigration Judge Shelly Schools.
2. The e-mail messages to or from any EOIR employee from January 1, 2015 and January 8, 2018 mentioning the word "Shelly Schools"

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

Mr. Hoppock:

Our records indicate that an acknowledgement letter was sent to you on February 9, 2019. A courtesy copy is attached for your records. Please take note of the FOIA Control No. and include it in all inquiries to the agency regarding this request. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 27 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Please provide a FOIA Control No. so we can provide a status update.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Matthew Hoppock

The FOIA control number is 2019-14540.

Thank you.

Matthew L. Hoppock

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

Thank you for your inquiry. A search has been conducted and documents are being reviewed for responsiveness. For your information, FOIA requests are processed in the order received absent a grant of a request for expedited processing. Your request is categorized as "complex" and is number 17 on our "complex" docket.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Department of Justice, Executive Office for Immigration Review

The request has been rejected, with the agency stating that it can neither confirm nor deny the existence of the requested documents.

From: Department of Justice, Executive Office for Immigration Review

Dear Mr. Hoppock:

The agency's response was delivered via certified mail on July 29, 2019 to the address on record for this request.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
(703) 605-0275

From: Matthew Hoppock

The agency's response violates the FOIA. The agency has improperly invoked Exemption 6. While some of the documents in Judge Schools' hiring records might contain privacy information which could be redacted, there is no reason to decline to acknowledge whether the agency even has hiring records for Judge Schools.

The agency also does not explain why that exemption would apply to any agency e-mails that mention "Shelly Schools" even in the years prior to Judge Schools being hired as an IJ.

The agency has not met its burden to apply the GLOMAR standard and it has unlawfully withheld responsive records without legal authority to do so.

From: Department of Justice, Executive Office for Immigration Review

Mr. Hoppock:

In response to your September 9, 2019 status inquiry, please be advised that a response was mailed to you July 24, 2019 by certified mail. Our records indicate that this request is closed.

Sincerely,

Shelley M. O'Hara
Attorney Advisor (FOIA)
Office of the General Counsel
Executive Office for Immigration Review
Department of Justice
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
(703) 605-0275

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