Immigration Court training on implementing the 2020 EAD regulation
| Submitted | Sept. 21, 2020 |
| Est. Completion | None |
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Communications
From: Matthew Hoppock
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Immigration courts are reporting having received training on how to implement the August 25, 2020 asylum-based EAD regulation. According to recent reports about this training, the courts have been instructed that if the asylum application was received by the court before August 25, 2020 that the prior EAD regulation applies and that the 180-day asylum clock can still be used. This appears to be contrary to the plain wording of the new EAD regulation.
To clear up this ongoing confusion, please produce the training materials regarding the Augsut 25, 2020 EAD regulation which purported to eliminate entirely the asylum EAD clock.
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 Matthew Hoppock: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 09/21/2020 and received 09/21/2020. Your request has been assigned control number 2020-60073. The FOIA requires an agency to respond within 20 working days after receipt of the request, and EOIR endeavors to meet this standard. The FOIA permits a ten-day extension of this time period, pursuant to 5 U.S.C. § 552(a)(6)(B), based on unusual circumstances. Your request involves “unusual circumstances,” and EOIR is extending the time period to respond by an additional 10 working days because your request requires the collection of records from field offices, or involves a search, collection, and review of voluminous records, or requires consultation with another agency or two or more agency components. EOIR FOIA requests are placed in one of three tracks. Track one is for those requests that seek and receive expedited processing pursuant to subsection (a)(6)(E) of the FOIA. Track two is for simple requests that do not involve voluminous records or lengthy consultations with other entities. Track three is for complex requests that involve voluminous records and for which lengthy or numerous consultations are required, or those requests that may involve sensitive records. Your request has been placed in track three for complex requests. If you have filed an application for a fee waiver, EOIR will address your request in a separate letter. Additionally, if you have requested expedited processing, EOIR will contact you in a separate letter. If you have any questions regarding unusual circumstances, you may contact the EOIR FOIA Service Center or FOIA Public Liaison at (703) 605-1297 to discuss reformulation or an alternative time frame to process your request, or for any further assistance regarding any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, Room 2510, 8601 Adelphi Road, College Park, Maryland 20740-6001; e-mail at ogis@nara.gov; telephone at (202) 741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, FOIA Intake
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on . Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on . Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Mr. Hoppock:
Thank you for your email. As you are aware, EOIR responded to your request on October 30, 2020. Therefore, this request is closed.
Sincerely,
Shelley M. O’Hara
Attorney Advisor (FOIA)
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~WRD000
From: Matthew Hoppock
We were not aware - that adjudication letter had not been received. The request and the correspondence I've received are here: https://www.muckrock.com/foi/united-states-of-america-10/immigration-court-training-on-implementing-the-2020-ead-regulation-102476/
In any event, thank you for letting me know.
Have a nice day.
Matthew Hoppock
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