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

Christopher David Boom filed this request with the U.S. Immigration and Customs Enforcement, Office of the Principal Legal Advisor [APPEALS] of the United States of America.
Status
Rejected

Communications

From: Christopher David Boom

To Whom It May Concern:

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

The motion referenced in this sentence: "On July 19, 2021, the respondent filed a motion with this Board to reopen and terminate his removal proceedings, or alternatively to reopen and rescind the in absentia removal order entered against him on April 12, 2010, based on the United States Supreme Court’s decisions in Pereira v. Sessions,138 S. Ct. 2105 (2018), and Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)." Matter of Sergio Rodolfo LAPARRA-DeLeon, 28 I&N Dec. 425, 425 (BIA 2022).

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,

Christopher David Boom

From:

Good day,

After careful review of your FOIA request, we determined that your request is too broad in scope, did not specifically identify the records which you are seeking, or only posed questions to the agency. Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency. For this reason, §5.3(b) of the DHS regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort. Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the ICE program office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records.

Please resubmit your request containing a reasonable description of the records you are seeking. Upon receipt of a perfected request, you will be advised as to the status of your request.

After reviewing the request, it was determined you are requesting records pertaining to a third-party individual. Please be advised that DHS regulations require, in the case of third-party information requests, a statement from the individual verifying his or her identity and certifying that individual's agreement that records concerning him or her may be accessed, analyzed and released to a third party. See 6 C.F.R. § 5.21(f). Because you have not provided this documentation, your request is not a proper FOIA request, and we are unable to accept your request. Please resubmit the request with the attached third-party consent form.

Some records (such as entry/exit records, apprehensions at the border or point of entry, and travel records) to include I-94 records, are only available from Customs and Border Protection<https://urldefense.us/v3/__https:/www.cbp.gov/site-policy-notices/foia/faq-foia__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTLTw1nuU$> (CBP). - please contact them directly (see CBP FOIA<https://urldefense.us/v3/__https:/www.cbp.gov/site-policy-notices/foia/records__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTIj0yv3w$> and/or I-94 records<https://i94.cbp.dhs.gov/I94/#/home>); for A-file<https://urldefense.us/v3/__https:/www.uscis.gov/history-and-genealogy/genealogy/files__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoT6mzwEzg$> (Alien file) requests, or records regarding applications/petitions for relief, benefits<https://urldefense.us/v3/__https:/www.uscis.gov/laws/immigration-benefits-eoir-removal-proceedings__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTnHsU3DA$>, Asylees<https://urldefense.us/v3/__https:/www.uscis.gov/humanitarian/refugees-asylum/asylum/benefits-and-responsibilities-asylees__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTi5Cik3g$>, credible fear<https://urldefense.us/v3/__https:/www.uscis.gov/faq-page/credible-fear-faq__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTBfp7NMs$> and removal orders (these records reside in the A-file) please contact USCIS<https://urldefense.us/v3/__https:/www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTcyFsZF0$>: go to USCIS FOIA<https://urldefense.us/v3/__https:/www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-foiapa-request__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTJJYJb_I$> for more information. For visa records, go to US DOS<https://urldefense.us/v3/__https:/foia.state.gov/Request/Visa.aspx__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTolKmIU4$> and Travel.State.Gov<https://urldefense.us/v3/__https:/travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/family-based-immigrant-visas.html__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTaN4xy9k$> for assistance. For information regarding immigration court proceedings, contact the local Office of Chief Counsel<https://urldefense.us/v3/__https:/www.ice.gov/contact/legal__;!!BClRuOV5cvtbuNI!Sqk8RjN-p8Onj5S73DhOQLoRM11URJuLBlN9AutZo0mpEDcshSGC-h00nBoTIS66zEI$> (OCC).

Sincerely,

ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Best Regards,

Tiffany Abraham

Paralegal Specialist
Information Governance and Privacy (IGP)- FOIA Division
U.S. Immigration and Customs Enforcement (ICE)
U.S. Department of Homeland Security (DHS)

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