New BIA Hires
| Tracking # |
FY23-135 A-2023-01857 2023-15398 A-2022-01379 A-2022-01511 128063 FOIA-2022-01215 DOJ-AP-2020-001118 2019-53072 |
| Submitted | Sept. 16, 2019 |
| Due | Nov. 29, 2019 |
| Est. Completion | None |
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Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Please provide any and all agency records, including, but not limited to, correspondence via email, text, messenger app, letter, memorandum, or fax, regarding the appointment to the Board of Immigration Appeals of William A. Cassidy, Stuart V. Couch, Earle B. Wilson, and Keith E. Hunsucker. At least some of these records are expected to be located within the email and messaging apps of James McHenry and David Neal.
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,
Andrew Free
From: Department of Justice, Executive Office for Immigration Review
An acknowledgement letter, stating the request is being processed.
From: Department of Justice, Executive Office for Immigration Review
A copy of documents responsive to the request.
From: Andrew Free
I hereby appeal the agency's failure to provide any emails, notes, agendas, or other records pertaining to the hiring of these Board Members. This failure constitutes evidence of an inadequate search and unlawful withholdings.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2019-53072.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Andrew, it appears we provided responsive documents in September 2019, but you appealed to OIP in November 2019. JRS
From: Andrew Free
I have never received an acknowledgment of the appeal. It’s been more than 10 working days. Please self-report this violation of the statute to the Chief FOIA Officer and advise how you plan to remedy the government’s conduct?
From: Department of Justice, Executive Office for Immigration Review
Andrew, I don’t see a background request from OIP to us, either. I will ask them if they properly received. If not, I am OK opening a new appeal. JRS
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~WRD000
From: Andrew Free
Okay. Thanks for your responsiveness and assistance. I really appreciate it.
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free:
This responds to your email dated February 22, 2022, requesting the status of your FOIA appeal (DOJ-AP-2020-001118; Request No. 2019-53072).
Due to the large number of appeals received by this Office and the individual review given to each, it is difficult to predict accurately when a final determination will be made on your appeal. However, I anticipate that it will take at least a few more weeks to complete your appeal.
I hope this information is of assistance to you and appreciate your continued patience.
Sincerely,
HV/PJ/OIP
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image001
From: Department of Justice, Executive Office for Immigration Review
Andrew, from OIP:
we’ve assigned it the number DOJ-AP-2020-00118, and estimate 2-3 months for completion
Hope this helps. JRS
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~WRD000
From: Andrew Free
Thanks. I’ll set a reminder and check in by June if I don’t hear back.
Really appreciate your help. Keep up the great work!
- Andrew
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-2020-001118 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #DOJ-AP-2020-001118.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Free: This correspondence is in response to your Freedom of Information Act (FOIA) request 2019-53072, remanded by the Office of Information Policy and assigned new FOIA number 2022-31598. A search was conducted and one or more records responsive to your request were located. We are granting partial access to the responsive record(s). Portions of the enclosed records have been redacted in accordance with FOIA Exemption 5, 5 U.S.C. § 552(b)(5), which concerns certain inter- and intra-agency communications protected by the deliberative process privilege, attorney work-product doctrine and/or the attorney-client privilege. Additionally, portions of the enclosed records have been redacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), which concerns material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties. Additional documents were located with equities belonging to the Office of the Attorney General or subordinate Offices. Per Departmental policy, these documents were referred to the Office for Information Policy and the Justice Management Division for direct response to you. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html.
You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIARequests@USDOJ.GOV or by telephone number (703) 605-1297 for any further assistance and to discuss any aspect of your request. Please reference the FOIA control number. 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. If you are not satisfied with the Executive Office for Immigration Review’s determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STAR portal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appeal must be postmarked or electronically transmitted within 90 days of the date of this response to your request. If you submit your appeal by mail, both the correspondence and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
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2022-31598
From: Andrew Free
Joseph,
Can you please point me to the portion of the FOIA statute or DOJ’s regulations that permits the agency to withhold information for which the agency does not claim an exemption as “duplicate”?
We would rather note waste additional time appealing that if the agency has a justification.
Would also rather just get a reprocessed version of these records pre-appeal if the agency does not, as it appears baseless to me (and courts that have considered such redactions, see, e.g., Gaghagan v. USCIS, No. 15cv6218 (E.D.La. Aug. 8, 2016)).
Thanks in advance.
From: Andrew Free
After review, I hereby appeal the adequacy of the search and all redactions.
There are attachments omitted and documented referenced which would be responsive to this request, and have been obviously excluded.
I further appeal the referral of records to “JMD” and other agencies as untimely and waived. Referrals do not discharge the agency’s responsibility for complying with the Act.
Please remand with instructions produce the referred documents without further delay.
Thank you very much,
Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado
From: Department of Justice, Executive Office for Immigration Review
Hello Matthew, thank you for reaching out on this.
We do not actually withhold records as “duplicate”, rather we are trying to speed the process of delivering responsive records by avoiding delay in redacting the same records over and over again. This happens a lot when dealing with long e-mail strings or multiple versions of the same e-mail string. To redact the same e-mail within strings, we have to manually review the e-mail each time, and then go back and compare the redactions to make sure they are consistent.
When we use the “duplicate” marking, we are still releasing the responsive record, just not multiple times, greatly speeding the delivery of responsive documents. The redacted e-mail should be the first instance of that e-mail you see in multiple e-mail strings.
If you have received a record marked “duplicate” and cannot find the redacted version, don’t hesitate to let us know and we will address it. Again, thanks for reaching out on this.
Joseph Schaaf
Supervisory Attorney (FOIA)
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~WRD000
From: Andrew Free
Thanks for the explanation. Really appreciate it.
From: Department of Justice, Executive Office for Immigration Review
May 19, 2022 Mr. Andrew Free MuckRock News
411A Highland Ave
Dept Mr 90648
Somerville, MA 02144-2516 Re: Referral from EOIR of request for records concerning the appointment of the Board of Immigration Appeals of William A. Cassidy, Stuart V. Couch, Earle B. Wilson, and Keith E. Hunsucker Assigned JMD FOIA TRACKING NUMBER: 128063 Dear Mr. Free: This is to acknowledge that while processing your Freedom of Information Act request dated 9/16/2019 concerning the subject referenced above, the Executive Office for Immigration Review referred matters that are of primary interest to the Justice Management Division (JMD) for processing and direct response to you. The referral was received by JMD FOIA on 5/10/2022 and assigned the JMD tracking number identified above. For your records, the Executive Office for Immigration Review identifying tracking number was 2022-31598. The Justice Management Division assigns incoming requests to one of three tracks: simple, complex, or expedited. Each request is then handled on a first-in, first-out basis in relation to other requests in the same track. Simple requests usually receive a response in approximately one month whereas complex requests necessarily take longer. At this time, your request has been assigned to the Complex track. Please note that as a general matter, records in the Department are decentralized and our response will only cover information originating with or relating to JMD. If you are seeking information originating with or relating to other components of the Department, please make a FOIA request directly to those components. If you have a question about the status of your FOIA request, you may contact this office by sending an email to JMDfoia@usdoj.gov or by calling 202-514-3101 during regular business hours (Monday through Friday, 9 a.m. to 5 p.m., Eastern Time, excluding federal holidays.) Please refer to the JMD FOIA TRACKING NUMBER whenever you contact the Department regarding this request. Sincerely, Karen E. McFadden FOIA Contact Justice Management Division
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IQFormatFile
From: Department of Justice, Executive Office for Immigration Review
Attached is correspondence from the Department of Justice's Office of Information Policy, which is associated with the above-referenced Freedom of Information Act (FOIA) request.
Please do not reply to this e-mail, as this account is not monitored.
Thank you,
-----------------------------------------
Initial Request Staff
Office of Information Policy
U.S. Department of Justice
202-514-3642 (Main Line)
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Department of Justice, Executive Office for Immigration Review
Mr. Free:
Please see the attached response to JMD FOIA request #128063. Thank you.
Sincerely,
Karen McFadden
JMD FOIA Contact
From: Andrew Free
Thank you for these records from JMD.
I appeal the b2 and b5 redactions in their entirety.
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free:
Please see the attached.
Initial Request Staff
Office of Information Policy
U.S. Department of Justice
202-514-FOIA
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Department of Justice, Executive Office for Immigration Review
Mr. Free:
The attached is Justice Management Division's (JMD) final response to your FOIA request to the Executive Office for Immigration Review (EOIR) dated April 7, 2022.
Sincerely,
Karen McFadden
FOIA Contact
Justice Management Division
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2022-01511 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2022-01379 . A copy of this determination is enclosed for your review, along with any enclosures, if applicable. Thank you.
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 01/03/2023 and received 01/03/2023. Your request has been assigned control number 2023-15398. 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
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2022-01379.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2022-01379.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Dear Requester:
Thank you for contacting the Executive Office for Immigration Review. Please read this email in its entirety for important information about upcoming improvements to the EOIR Freedom of Information Act (FOIA) and Privacy Act (PA) request process.
As of December 1, 2022, EOIR no longer accepts FOIA or PA requests by email. EOIR strongly encourages individuals to submit FOIA and PA requests through EOIR's Public Access Link (PAL)<https://foia.eoir.justice.gov/app/Home.aspx>. We will continue to monitor this inbox for correspondence other than initial FOIA requests.
PAL offers several benefits for individuals submitting a FOIA or PA request to EOIR:
* Nearly instant submission of requests;
* Ability to track status of requests;
* Ability to browse the FOIA Reading Room;
* Payment of required fees online;
* Response to requests immediately upon processing;
* Receive email alerts as soon as requested records are ready; and
* Downloadable records at any time after processing.
To submit your FOIA or PA request, visit PAL<https://foia.eoir.justice.gov/app/Home.aspx> to register for an account.
PAL provides accelerated processing and delivery of EOIR’s response to your FOIA requests, but we understand it may not be right for everyone. If you prefer, you may still send your requests via postal mail. The mailing address for the EOIR FOIA Service Center is available at https://foia.eoir.justice.gov/app/Home.aspx.
As a reminder, the Request a ROP<https://www.justice.gov/eoir/ROPrequest> process is available to those requesting a Record of Proceeding (ROP) for a case before an immigration court or the Board of Immigration Appeals (BIA). The Request a ROP process allows an individual who is the subject of a ROP, or someone with a specific legal relationship with that person, to submit a ROP request directly to the applicable immigration court or the BIA, rather than to the FOIA team. Requesters may use the Request a ROP process in lieu of or in addition to the FOIA request process. However, please note that requesting a ROP through both processes may result in significantly delayed delivery. For more information, see the ROP Request Instructions<https://www.justice.gov/eoir/ROPrequest>.
Please be advised that if you have multiple accounts, which could be connected to PAL requests or e-mail/mail requests, we will no longer merge the accounts together. Therefore, it is to your advantage to use your currently existing PAL account (or create a PAL account if you do not have one) and only submit requests under that PAL account moving forward.
We look forward to offering you faster processing times with PAL, although due to the large number of requests we receive, there may still be a slight delay in processing your request. We apologize for this inconvenience and appreciate your understanding and patience.
We will continue to monitor this email for communications regarding existing requests.
Sincerely,
FOIA Service Center
Office of the General Counsel
Executive Office for Immigration Review
Public Access Link (PAL)<https://foia.eoir.justice.gov/app/Home.aspx>
From: Department of Justice, Executive Office for Immigration Review
Re: 2023-15398 Dear Mr. Free: This correspondence is an interim response to your Freedomof Information Act (FOIA) request remanded 01/03/2023 by the Office of Information Policy in which you seek certain records regarding Appellate Immigration Judges Cassidy, Couch, Hunsucker and Wilson. A search was conducted and one or more records responsive toyour request were located. We are granting partial access to the responsiverecord(s). Additional documents will be provided as they become available.
One portion of the enclosed records was referred to the Federal Bureau of Investigation for review and direct response to you. Portions of the records have beenredacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), whichconcerns material the release of which would constitute a clearly unwarrantedinvasion of the personal privacy of third parties. Please be advised that we have considered the foreseeableharm standard when reviewing records and applying FOIA exemptions. For your information, Congress excluded three discretecategories of law enforcement and national security records from therequirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010).This response is limited to those records that are subject to the requirementsof the FOIA. This is a standard notification that is given to all ourrequesters and should not be taken as an indication that excluded records do,or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html. (http://www.justice.gov/oip/foiapost/2012foiapost9.html) You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIARequests@USDOJ.GOV or by telephone number (703) 605-1297 for anyfurther assistance and to discuss any aspect of your request. Please referencethe FOIA control number. Additionally, 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 contact informationfor OGIS is as follows: Office of Government Information Services, NationalArchives and Records Administration, Room 2510, 8601 Adelphi Road, CollegePark, Maryland 20740-6001; e-mail at (mailto:EOIR.FOIARequests@USDOJ.GOV) ogis@nara.gov; telephone at (202)741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. (mailto:ogis@nara.gov) If you are not satisfied with the Executive Office forImmigration Review’s determination in response to this request, you mayadministratively appeal by writing to the Director, Office of InformationPolicy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor,Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STARportal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appealmust be postmarked or electronically transmitted within 90 days of the date ofthis response to your request. If you submit your appeal by mail, both thecorrespondence and the envelope should be clearly marked “Freedom ofInformation Act Appeal.” (https://www.justice.gov/oip/submit-and-track-request-or-appeal) Sincerely, Joseph Schaaf Supervisory Attorney Advisor (FOIA)
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2023-15398
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'Documents Delivered.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR). Your request has been assigned control number 2023-15398.
Please be advised that the status of requests submitted through the Public Access Link (PAL) may be tracked at https://foia.eoir.justice.gov/app/Home.aspx (https://foia.eoir.justice.gov/app/Home.aspx) , and you will receive an email response to your request upon completion of processing. The status of requests submitted by email or mail may not be trackable through the PAL, but you will still receive an email or mailed response to your request upon completion of processing. Please ensure the email address you provided in PAL will be able to receive the messages we send you. Messages rejected by your email account will not be rerouted to you
Please be aware that EOIR is a component of the Department of Justice and the custodian of records for the “Record of Proceedings” (ROP), which is the compilation of documents and digital audio recordings produced in proceedings before the immigration courts and the BIA. The Department of Homeland Security (DHS) is the custodian of records for the “A-file,” which is a series of records of a person’s immigration history and is maintained and stored by DHS. EOIR is not the custodian of records for DHS or its components, nor does EOIR have access to DHS’s A-files . EOIR does not create an ROP until matters are initiated by DHS. Nevertheless, EOIR may create and maintain ROPs for proceedings other than removal proceedings (i.e., credible fear reviews, bond hearings). You may request a copy of your Notice to Appear (NTA) and full A-file from DHS (https://www.dhs.gov/foia)
Note that parties to immigration cases (including respondents and their representatives of record) have the option to request their Record of Proceedings directly from the immigration court or Board of Immigration Appeals. Please see the instructions here: https://www.justice.gov/eoir/ROPrequest. (https://www.justice.gov/eoir/ROPrequest)
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.
If you have filed a fee waiver request, EOIR will address the fee waiver in a separate letter. Most requests for records of proceedings do not require any fees; however, if the fees for processing the request are estimated to exceed $25.00, EOIR will notify you before processing the request to determine whether you will commit to paying the fee or whether you wish to narrow the scope of your request to reduce the fee. Fees may be charged for searching records at the rate of $4.75 (administrative)/$10.00 (professional) per quarter hour, and for duplication of copies at the rate of $.05 per copy. The first 100 copies and two hours of search time are not charged, and charges must exceed $25.00 before we will charge a fee.
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. As a matter of default, your request has been placed in track two for simple requests. 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 or EOIR.FOIArequests@usdoj.gov 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
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'In Process.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Free: This correspondence is in response to your Freedom of Information Act (FOIA) request dated 01/03/2023 to the Executive Office for Immigration Review (EOIR) in which you seek certain records related to Appellate Immigration Judge hiring. A search was conducted and one or more additional records responsive to your request were located. We are granting partial access to the responsive record(s). Additional documents will be provided as they become available. Portions of the enclosed records have been redacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), which concerns material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties.
Please be advised that we have considered the foreseeable harm standard when reviewing records and applying FOIA exemptions. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html. You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIARequests@USDOJ.GOV or by telephone number (703) 605-1297 for any further assistance and to discuss any aspect of your request. Please reference the FOIA control number. 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. If you are not satisfied with the Executive Office for Immigration Review’s determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STAR portal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appeal must be postmarked or electronically transmitted within 90 days of the date of this response to your request. If you submit your appeal by mail, both the correspondence and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
-
2023-15398
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'Documents Delivered.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'In Process.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Re: 2023-15398 Dear Mr. Free: This correspondence is an interim response to your Freedomof Information Act (FOIA) request dated 01/03/2023 to the Executive Officefor Immigration Review (EOIR) in which you seek certain records described inyour request. A search was conducted and one or more additional records responsive toyour request were located. We are granting partial access to the responsiverecord(s). Additional documents will be provided as they become available. For your information, Congress excluded three discretecategories of law enforcement and national security records from therequirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010).This response is limited to those records that are subject to the requirementsof the FOIA. This is a standard notification that is given to all ourrequesters and should not be taken as an indication that excluded records do,or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html. (http://www.justice.gov/oip/foiapost/2012foiapost9.html) You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIARequests@USDOJ.GOV or by telephone number (703) 605-1297 for anyfurther assistance and to discuss any aspect of your request. Please referencethe FOIA control number. Additionally, 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 contact informationfor OGIS is as follows: Office of Government Information Services, NationalArchives and Records Administration, Room 2510, 8601 Adelphi Road, CollegePark, Maryland 20740-6001; e-mail at (mailto:EOIR.FOIARequests@USDOJ.GOV) ogis@nara.gov; telephone at (202)741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. (mailto:ogis@nara.gov) If you are not satisfied with the Executive Office forImmigration Review’s determination in response to this request, you mayadministratively appeal by writing to the Director, Office of InformationPolicy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor,Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STARportal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appealmust be postmarked or electronically transmitted within 90 days of the date ofthis response to your request. If you submit your appeal by mail, both thecorrespondence and the envelope should be clearly marked “Freedom ofInformation Act Appeal.” (https://www.justice.gov/oip/submit-and-track-request-or-appeal) Sincerely, Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
-
2023-15398
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'Documents Delivered.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'In Process.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Free: This correspondence is in response to your Freedom of Information Act (FOIA) request dated 01/03/2023 to the Executive Office for Immigration Review (EOIR) in which you seek certain records described in your request A search was conducted and one or more records responsive to your request were located. We are granting partial access to the responsive record(s). Additional records will be provided as they become available. ortions of the enclosed records have been redacted in accordance with FOIA Exemption 5, 5 U.S.C. § 552(b)(5), which concerns certain inter- and intra-agency communications protected by the deliberative process privilege, attorney work-product doctrine, and/or the attorney-client privilege. Additionally, portions of the enclosed records have been redacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), which concerns material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties. Please be advised that we have considered the foreseeable harm standard when reviewing records and applying FOIA exemptions. For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html. You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIArequests@usdoj.gov (mailto:EOIR.FOIArequests@usdoj.gov) for any further assistance and to discuss any aspect of your request. Please reference the FOIA control number. 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. If you are not satisfied with the Executive Office for Immigration Review’s determination in response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STAR portal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appeal must be postmarked or electronically transmitted within 90 days of the date of this response to your request. If you submit your appeal by mail, both the correspondence and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Sincerely,
Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
-
2023-15398
From: Department of Justice, Executive Office for Immigration Review
Dear Andrew Free,
The status of your FOIA/PA request #2023-15398 has been updated to the following status 'Documents Delivered.' To log into the DOJ - EOIR - PAL click on the Application URL below.
https://foia.eoir.justice.gov/
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Re: 2023-15398 Dear Mr. Free: This correspondence is an interim response to your Freedomof Information Act (FOIA) request dated 01/03/2023 to the Executive Officefor Immigration Review (EOIR) in which you seek certain records described inyour request. A search was conducted and one or more records responsive toyour request were located. We are granting partial access to the responsiverecord(s). Additional documents will be provided as they become available. Portions of the enclosed records have beenredacted in accordance with FOIA Exemption 5, 5 U.S.C. § 552(b)(5), whichconcerns certain inter- and intra-agency communications protected by thedeliberative process privilege, attorney work-product doctrine, and/or theattorney-client privilege. Additionally, portions of the enclosed records have beenredacted in accordance with FOIA Exemption 6, 5 U.S.C. § 552(b)(6), whichconcerns material the release of which would constitute a clearly unwarrantedinvasion of the personal privacy of third parties.
Additionally, portions of the documents have been referred to the Justice Management Division for review and direct response to you.
Please be advised that we have considered the foreseeableharm standard when reviewing records and applying FOIA exemptions. For your information, Congress excluded three discretecategories of law enforcement and national security records from therequirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010).This response is limited to those records that are subject to the requirementsof the FOIA. This is a standard notification that is given to all ourrequesters and should not be taken as an indication that excluded records do,or do not, exist. See http://www.justice.gov/oip/foiapost/2012foiapost9.html. (http://www.justice.gov/oip/foiapost/2012foiapost9.html) You may contact the EOIR FOIA Public Liaison by e-mail at EOIR.FOIArequests@usdoj.gov (mailto:) for anyfurther assistance and to discuss any aspect of your request. Please referencethe FOIA control number. Additionally, 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 contact informationfor OGIS is as follows: Office of Government Information Services, NationalArchives and Records Administration, Room 2510, 8601 Adelphi Road, CollegePark, 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. (mailto:ogis@nara.gov) If you are not satisfied with the Executive Office forImmigration Review’s determination in response to this request, you mayadministratively appeal by writing to the Director, Office of InformationPolicy (OIP), United States Department of Justice, 441 G Street, NW, 6th Floor,Washington, D.C. 20530, or you may submit an appeal through OIP’s FOIA STARportal by creating an account following the instructions on OIP’s website: https://www.justice.gov/oip/submit-and-track-request-or-appeal. Your appealmust be postmarked or electronically transmitted within 90 days of the date ofthis response to your request. If you submit your appeal by mail, both thecorrespondence and the envelope should be clearly marked “Freedom ofInformation Act Appeal.” (https://www.justice.gov/oip/submit-and-track-request-or-appeal) Sincerely, Joseph Schaaf
Supervisory Attorney Advisor (FOIA)
-
2023-15398
From: Andrew Free
Thank your for this interim production. We appeal in the hopes of not needing to wait to resolve several clearly erroneous redactions.
First, there is no such thing as a “non-responsive” record WITHIN a responsive record. And there is no “non-responsive” withholding in 5 USC 552(b). Please remove “non-responsive” designations.
Second, this is no “duplicate” FOIA exemption in 5 USC 555(b). Please unredact the “duplicate” block redactions.
Third, there is no legitimate Exemption 5 claim in the memoranda from James McHenry to the DAG recommending appoint of IJs, and no specific, foreseeable harm articulated. Please remove the 5 redactions from these memos.
Fourth, referrals to other components or agencies are supposed to happen at the earliest possible stage. The JMD Referrals are an unlawful withholding under McGehee. Please release these withheld, referred materials or provide an estimated date on which the referral will be completed.
Fourth, there is no valid Exemption 6 claim in these emails because they are not “medical, personnel, or similar files.” They are, to point out the obvious, emails. Moreover, there is no privacy basis to blanket-redact these DOJ officials’ email addresses, as they are not law enforcement officials, but public servants. Please remove the b6 redactions from email addresses.
We reserve all other challenges until the completion of production, and will withdraw this appeal if we can secure an agreement addressing the concerns above.
Thank you,
Andrew Free
From: Department of Justice, Executive Office for Immigration Review
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Department of Justice, Executive Office for Immigration Review
September 25, 2023
Mr. Andrew Free
MuckRock News
411A Highland Ave
Dept Mr 90648
Somerville, MA 02144-2516
Mr. Andrew Free,
Your Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR) dated September 16, 2019, sought records concerning the appointment to the Board of Immigration Appeals of William A. Cassidy, Stuart V. Couch, Earle B. Wilson, and Keith E. Hunsucker. EOIR identified 115 pages of interest to the Justice Management Division (JMD) and referred them to the JMD FOIA Office on August 7, 2023, for a determination regarding release. We have reviewed the materials and determined that 27 pages are duplicates of records already released to you in your previous JMD FOIA of Request No. 128063, which was closed by letter dated May 31, 2022.
The remaining 88 pages concerns materials of primary interest to the Office of Legal Counsel (OLC), and we have referred those records to OLC for processing and direct response to you. You may contact OLC as follows:
Melissa Golden
Lead Paralegal and FOIA Specialist
Office of Legal Counsel
Room 5517, 950 Pennsylvania Avenue, N.W.
Department of Justice
Washington, DC 20530-0001
(202) 514-2053
Email: usdoj-officeoflegalcounsel@usdoj.gov<mailto:usdoj-officeoflegalcounsel@usdoj.gov>
If you need any further assistance or would like to discuss any aspect of your request, please do not hesitate to contact our FOIA Public Liaison, Daniel Wagner, at JMDFOIA@usdoj.gov<mailto:JMDFOIA@usdoj.gov> or (202) 616-0253.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Free:
Attached, please find the acknowledgement letter for your FOIA request that has been assigned tracking number FY23-135.
Sincerely,
Melissa Golden, Esq.
Lead Paralegal and FOIA Specialist
Office of Legal Counsel
Department of Justice
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #FY23-135.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #FY23-135.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #FY23-135.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #FY23-135.
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 Sept. 16, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #FY23-135.
Thanks for your help, and let me know if further clarification is needed.
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