July 19, 2021, Motion underlying Matter of Sergio Rodolfo LAPARRA-DeLeon, 28 I&N Dec. 425 (BIA 2022) Interim Decision #4034

Dear Christopher David Boom: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 02/04/2022 and received 02/04/2022.  Your request has been assigned control number 2022-22890. 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. Please be advised that due to necessary operational changes as a result of the national emergency concerning the novel coronavirus disease (COVID-19) outbreak, there may be significant delay in the processing of your request. 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. Alternatively, 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

Re:      2022-22890 Freedom of Information Act Request for Dear Christopher David Boom, This letter is in response to your Freedom of Information Act(FOIA) request in which you seek documents regarding Sergio Rodolfo LAPARRA-DeLeon, 28 I&N Dec. 425, 425 (BIA 2022). Under our regulations, we will generally release portions of the respondent's record of proceedings, except the final agency decision(s), only with appropriate authorization from the respondent or the respondent's representative.  As such, werequire more evidence for release of the record. Such evidence may include a completed Form EOIR-59 (https://www.justice.gov/eoir/page/file/1380121/download) or DOJ-361 (https://www.justice.gov/ust/file/doj361_form.pdf/download) signed and dated by respondent, authorizing you to receive the requested records. For more information on providing proper documentation for your FOIA request, please visit Freedom of Information Act (FOIA) (justice.gov). (https://www.justice.gov/eoir/freedom-information-act-foia) Your request either did not contain any of the evidence describedabove or the evidence that you provided was improper. Therefore, your requesthas been administratively closed. You may contact the FOIA Public Liaison at (703) 605-1297 orEOIR.FOIArequests@usdoj.gov for any further assistance and to discuss anyaspect of your request. Alternatively, you may contact the Office of GovernmentInformation Services (OGIS) at the National Archives and Records Administrationto inquire about the FOIA mediation services they offer. The contactinformation 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.

If you are not satisfied with the Executive Office for Immigration Review’sdetermination in response to this request, you may administratively appeal bywriting to the Director, Office of Information Policy (OIP), United StatesDepartment of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, oryou may submit an appeal through OIP’s FOIA STAR portal by creating an accountfollowing the instructions on OIP’s website https://www.justice.gov/oip/submit-and-track-request-or-appeal (https://www.justice.gov/oip/submit-and-track-request-or-appeal) . Your appeal must be postmarkedor electronically transmitted within 90 days of the date of my response to yourrequest. If you submit your appeal by mail, both the letter and the envelopeshould be clearly marked “Freedom of Information Act Appeal.” Sincerely, FOIA Intake