Policies and Procedures for Transcribing Immigration Court Hearings for Appeal
| Tracking # |
JMD FOIA # 131912 2023-53010 |
| Submitted | May 9, 2023 |
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Communications
From: Ian Austin Rose
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Requested Info:
On behalf of my non-profit organizational employer, Capital Area Immigrants' Rights (CAIR) Coalition, I request any and all internal directives or policy guidance issued by the Department of Justice’s Executive Office for Immigration Review (“EOIR”) regarding EOIR’s process for contracting out, obtaining, and reviewing transcripts of hearings before the Immigration Judge (IJ) for review by the Board of Immigration Appeals ("BIA"), as required by the BIA Practice Manual Chapter 4.2(f).
Specifically, I request any current internal directives, manuals, memos, policy guidance, or other documents related to:
1. Processes and procedures for assigning Digital Audio Recording(s) (“DAR”) to transcription contractors, including but not limited to Free State Reporting, Inc. (“Free State”), to be transcribed for purposes of creating the Record of Proceeding(s) (“ROP”) for review by the BIA (see attached document for previous guidance, last updated in 2015)
2. Any training, education, or certification EOIR requires of transcribers or the transcription companies with which EOIR contracts;
3. Any policies and guidance regarding EOIR oversight and quality control over the transcription process, including any quality control checklists used by EOIR staff;
4. Any policies and procedures regarding the steps EOIR takes when the transcription contractor sends back a defective or otherwise unsatisfactory transcript, for example one with significant typos, indiscernible notations, or other errors, including any processes for returning a defective or unsatisfactory transcript to the transcription contractor to be re-transcribed;
5. Any policies and procedures regarding the steps EOIR and/or the transcription contractor takes when the DAR is partially or totally inaudible such that it cannot be properly transcribed.
Request for Waiver of Fees:
CAIR Coalition requests that EOIR waive all fees associated with this request. Such a request is warranted on the grounds that disclosure of the information contained in the requested record is in the public interest and is “likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requestor.” 5 U.S.C. § 552(a)(4)(A)(iii); 28 C.F.R. § 16.10(k)(1). Disclosure of this information is in the public interest of understanding how and when immigration proceedings are transcribed for appellate purposes. CAIR Coalition is a nonprofit organization recognized as a 501(c)(3) entity by the Internal Revenue Service that provides legal services and information to immigrant populations and information to the public on immigration issues.
Disclosure of the requested information also will contribute to “understanding of a reasonably broad audience of persons.” 28 C.F.R. § 16.10(k)(2)(ii)(B). The requested information will be used to better equip pro bono practitioners—both at CAIR Coalition and at other pro bono organizations—representing non-citizens before EOIR. As a provider of legal services to non-citizens, CAIR Coalition has the necessary expertise, capacity, and intention to review, analyze, and synthesize this information and make it accessible to a broad audience of attorneys and clients in immigration proceedings. In addition to the requested information being publicly available on Muckrock, the platform through which I am filing this FOIA request, CAIR Coalition has the capacity to convey the information to a broad audience on CAIR Coalition's website, which receives more than 10,000 monthly visitors. CAIR Coalition also will circulate a summary of information disclosed through this request on its listservs, in which approximately 2,500 attorneys participate. Additionally, CAIR Coalition shares information in its newsletter, which is directly distributed to 6,000 recipients.
CAIR Coalition is also “a representative of the news media” within the meaning of the statute and applicable regulations. See 5 U.S.C. § 552(a)(4)(A)(ii) (defined as “any . . . entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience,”); Nat. Sec. Archive v. Dep’t of Defense, 880 F.2d 1381, 1397 (D.C. Cir. 1989) (same); Electronic Privacy Info. Ctr. v. Dep’t of Defense, 241 F. Supp. 2d 5 (D.D.C. 2003) (non-profit that published information in a wide variety of sources on topics of privacy and civil liberties qualified as representative of news media for FOIA purposes). Given that FOIA's fee waiver requirements are to be “liberally construed in favor of waivers for noncommercial requesters,” a waiver of all fees is justified and warranted in this instance. See Judicial Watch, Inc. v. Rossotti, 326 F.3d 1309, 1312 (D.C. Cir. 2003) (quotation omitted).
Request for Expedited Processing:
CAIR Coalition requests Track 1 expedited treatment for this FOIA request. There is a compelling need for expedited processing, namely, an “urgency to inform the public concerning the actual or alleged Federal Government activity.” 5 U.S.C. § 552(a)(6)(E)(v)(II). CAIR Coalition is currently briefing a Petition for Review at the U.S. Court of Appeals for the Fourth Circuit in which defects in the transcript present a central issue on appeal. Information about the transcription process will help CAIR Coalition articulate legal arguments about our client's due process right to meaningful appellate review and advocate for broadly applicable law and procedures to be employed when a defective transcript is hindering review. Petitioner's opening brief to the Fourth Circuit is due on June 6, 2023.
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,
Ian Austin Rose
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
The Executive Office for Immigration Review (EOIR) Freedom of Information Act (FOIA) Service Center received your email.
Please be advised that the FOIA request was not properly filed.
You must submit your FOIA request to the EOIR FOIA Service Center as indicated on EOIR’s website How to Submit a FOIA Request (justice.gov)<https://www.justice.gov/eoir/foia-submit-a-request> using the Public Access Link (PAL)
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From: Department of Justice, Executive Office for Immigration Review
Dear Ian Austin Rose: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 05/09/2023 and received 05/09/2023. Your request has been assigned control number 2023-53010. 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 May 18, 2023. 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 May 18, 2023. 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 May 18, 2023. 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
Re: 2023-53010
Freedom of Information Act Request for [CUSTOMFIELD26]
Dear Ian Austin Rose,
The Executive Office for Immigration Review (EOIR) hasreceived your request for expedited treatment of your Freedom of InformationAct (FOIA) request.
The FOIA regulations states that expedited treatment isgranted if there is an exceptional need such as jeopardy to life or personalsafety, a threatened loss of substantial due process rights, or an urgency toinform the public concerning actual or alleged Federal Government activities.See 28 C.F.R. § 16.5(e).
Upon review of your request, it has been determined that youdid not meet the threshold. Therefore, your request for expedited treatment hasbeen denied.
If you need any further assistance or would like to discussany aspect of your request, please contact the EOIR FOIA Service Center or FOIAPublic Liaison at EOIR.FOIArequests@usdoj.gov. Alternatively, you may contactthe Office of Government Information Services (OGIS) at the National Archivesand Records Administration to inquire about the FOIA mediation services they offer.The contact information for OGIS is as follows: Office of GovernmentInformation 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 EOIR’s determination inresponse to this request, you may administratively appeal by writing to theDirector, Office of Information Policy (OIP), United States Department ofJustice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, or you may submitan appeal through OIP's FOIA STAR portal by creating an account following theinstructions on OIP’s website https://www.justice.gov/oip/submit-and-track-request-or-appeal.Yourappeal must be postmarked or electronically transmitted within 90 days of thedate of my response to your request. If you submit your appeal by mail, boththe letter and the envelope should be clearly marked “Freedom of Information ActAppeal.”
Sincerely,
FOIA Intake
From: Department of Justice, Executive Office for Immigration Review
Dear Mr. Rose: This correspondence is in response to your Freedom of Information Act (FOIA) request dated 05/09/2023 to the Executive Office for Immigration Review (EOIR) in which you seek certain records described in your request Sincerely,
Jeniffer Perez Santiago
Associate General Counsel
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2023-53010
From: Department of Justice, Executive Office for Immigration Review
September 13, 2023 Mr. Ian Austin Rose MuckRock News
DEPT MR145593
263 Huntington Ave
Boston, MA 02115-4506 Re: Referred records from EOIR Assigned JMD FOIA TRACKING NUMBER: 131912 Dear Mr. Ian Austin Rose: This is to acknowledge that while processing your Freedom of Information Act request dated May 9, 2023, 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 September 7, 2023, and assigned the JMD tracking number identified above. For your records, the Executive Office for Immigration Review identifying tracking number was 2023-53010. 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 of Justice, 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 202-616-0253 during regular business hours (Monday through Friday, 9AM to 5PM EST, excluding federal holidays.) Please refer to JMD FOIA TRACKING NUMBER 131912 whenever you contact the Department regarding this request. Sincerely, Daniel Wagner FOIA Contact Justice Management Division
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IQFormatFile
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 May 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-53010.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Good morning,
We apologize for the delay. The request has been sent to the appropriate Justice Management Division (JMD) staff office for review and response. We can report that your FOIA request was assigned to the JMD Procurement Services Staff (PSS) office for action and response. Please be aware that each request is handled on a “first in - first out” basis in relation to other requests in that same track. Currently, that office is processing 67 other complex FOIAs that are ahead of you in their queue. We expect to start our review of the materials in the next couple of weeks. Then we need to consult with the submitter of the information and seek their views on the disclosure of the information which will take at least another 30-days.
As soon as we have additional information on the processing of your request, we will be sure to contact you.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
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~WRD0000
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 May 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-53010.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Good morning,
We apologize for the delay. The request has been sent to the appropriate Justice Management Division (JMD) staff office for review and response. We can report that your FOIA request was assigned to the JMD Procurement Services Staff (PSS) office for action and response. Please be aware that each request is handled on a “first in - first out” basis in relation to other requests in that same track. Currently, that office is processing 62 other complex FOIAs that are ahead of you in their queue. We expect to start our review soon.
As soon as we have additional information on the processing of your request, we will be sure to contact you.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
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~WRD0002
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 May 18, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #2023-53010.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Justice, Executive Office for Immigration Review
Good afternoon,
We apologize for the delay. The request has been sent to the appropriate Justice Management Division (JMD) staff office for review and response. We can report that your FOIA request was assigned to the JMD Procurement Services Staff (PSS) office for action and response. We are currently reviewing the documents EOIR sent to JMD for review and hope to have a response to you soon.
As soon as we have additional information on the processing of your request, we will be sure to contact you.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
From: Department of Justice, Executive Office for Immigration Review
Ian Austin Rose,
The attached is JMD's final response to your FOIA request. Due to the size of the file, we have split them into six separate files and emails.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
From: Department of Justice, Executive Office for Immigration Review
Ian Austin Rose,
The attached is JMD's final response to your FOIA request. Due to the size of the file, we have split them into six separate files and emails.
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
From: Department of Justice, Executive Office for Immigration Review
Ian Austin Rose,
We are attempting to send you the final response to your FOIA request. The file sizes are too large, we are attempting to send you the final response in it's entirety via an alternative method. Please stand by. The final response letter it attached.
Thank you very much,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
From: Department of Justice, Executive Office for Immigration Review
Ian Austin Rose,
This is JMD's final response to your FOIA request. Due to the size of the file, we have uploaded the response to your FOIA request via Justice Enterprise File Sharing (JEFS). You can access the files via the link provided to view and download your response.
https://jefs.box.com/s/lx75q7xd3jc9e9mggitv55qq5snqqmlh
Sincerely,
Daniel Wagner
FOIA Service Center
Justice Management Division
U.S. Department of Justice
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