Phases for Immigration Court Reopening

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

Communications

From: Matthew Hoppock


To Whom It May Concern:

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

The current guidance describing the phases for reopening once an Immigration Court officially reopens for non-detained hearings.

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 10/12/2020 and received 10/12/2020.  Your request has been assigned control number 2021-01878. 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: Department of Justice, Executive Office for Immigration Review

From: Department of Justice, Executive Office for Immigration Review

See attached.

From: Matthew Hoppock

Ms. O'Hara, my request sought the guidance describing the phases for reopening - the two records produced do not describe the phases. For example Addendum to PM20-13 mentions that the "Ulster Immigration Court" is "currently in Phase 2 of resuming operations." These records don't describe what "Phase 2" is or what the other phases are. I am aware of a policy document or set of documents that describes these phases. That is what we are requesting.

Will you please produce the requested documents that describe the phases for reopening? Thank you.

Matthew Hoppock

From: Department of Justice, Executive Office for Immigration Review

Mr. Hoppock:

As you are aware, we issued our final response to you by letter dated October 27, 2020. Accordingly, this request is permanently closed. As you are also aware, you filed an appeal with the Office of Information Policy, which was acknowledged to you by letter dated November 10, 2020 and assigned control no. A-2021-00259 and is currently pending. Therefore, the status of FOIA 2021-01878 is that it is permanently closed.

Sincerely,

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

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