|Submitted||Nov. 16, 2020|
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To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
We are seeking certain statistics and data maintained by the EOIR about BIA appeals filed in 2020. I would like a report that lists the following:
1. Total number of appeals filed with the BIA in 2020.
2. How many of or what percentage of those were filed by the DHS.
3. How many of or what percentage of the appeals filed by the DHS were granted (reversed or remanded the IJ's decision).
4. How many of or what percentage of the appeals filed by the respondent were granted (reversed or remanded).
3. Total number of appeals adjudicated by the BIA in 2020.
It would be easiest if this could be generated as a report from the CASE database and could be produced in spreadsheet format (not as a PDF) so that we can work with the data. If that is a problem or if there is any concern with production, please contact me.
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.
Dear Matthew Hoppock: This response acknowledges receipt of your Freedom of Information Act (FOIA) request by the Executive Office for Immigration Review (EOIR) dated 11/16/2020 and received 11/16/2020. Your request has been assigned control number 2021-04966. 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 email@example.com; telephone at (202) 741-5770; toll free at (877) 684-6448; or facsimile at (202) 741-5769. Sincerely, FOIA Intake
Dear Mr. Hoppock:
This letter is in response to your Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR) dated 11/16/2020 in which you seek records related to BIA statistics.
A search was conducted and records responsive to your request were located. You are granted full access to the records.
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 FOIA Officer who processed your request or the EOIR FOIA Public Liaison at (703) 605-1297 for any further assistance and to discuss 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 firstname.lastname@example.org; 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 my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.”
Shelley M. O’Hara
Attorney Advisor (FOIA)
I just sent a message about the 2019 spreadsheet. The same issue is in the 2020 spreadsheet. The spreadsheet that I've received only has decisions frmo January, 2020 to the end of September, 2020. It appears to be missing October and November, 2020. Would it be possible to get the full year?
Dear Mr. Hoppock:
Thank you for your message. EOIR’s response was a final response and EOIR does not intend to supplement its response. If you do not agree with EOIR’s response, follow the procedures outlined in the closing paragraph of the response letter.
Shelley M. O’Hara
Attorney Advisor (FOIA)
Will do. Thanks.
A copy of documents responsive to the request.