Takings Cases Off the Calendar
| Submitted | March 21, 2023 |
| Due | April 18, 2023 |
| Est. Completion | None |
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Communications
From: Matthew Hoppock
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
In April 2022, Chief Immigration Judge Tracy Short issued guidance by email to immigration judges authorizing taking certain cases off of the court's calendar. However, while that email message included 6 categories of cases that should be de-calendared, we have consistently received these notices only in one category of case that was not listed in Tracy Short's April, 2022 email. Specifically, the only cases being taken off the country in Kansas City, where I practice, are cancellation of removal cases set for trial.
To better understand what explains this apparent deviation from the current policy, I am requesting any guidance since April 21, 2022 to Immigration Judges about which cases should be removed from the court's calendar. This may include policy memoranda or email messages. Assuming this guidance was disseminated to the "All of OCIJ HDQ and Courts (EOIR)" email address, please search that account for the phrase "taking cases off." If that guidance was disseminated in some other manner, please contact me to discuss possible search terms.
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: 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 March 22, 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 March 22, 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 March 22, 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
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>
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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 March 22, 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
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.
Please be advised that the status of your FOIA request can be viewed the the Public Access Link (PAL). 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>
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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 March 22, 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
Dear Requester:
A properly filed FOIA request must be submitted as stated on EOIR’s website.
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 an 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 an ROP process allows an individual who is the subject of a ROP, or someone with a specific legal relationship with that person, to submit an ROP request directly to the applicable immigration court or the BIA, rather than to the FOIA team. Requesters may use the Request an ROP process in lieu of or in addition to the FOIA request process. However, please note that requesting an 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>
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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). Your request has been assigned control number 2023-78734.
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 Matthew Hoppock,
The status of your FOIA/PA request #2023-78734 has been updated to the following status 'Received.' Track the status of your request by logging in to DOJ - EOIR - PAL at https://foia.eoir.justice.gov/.
Sincerely,
DOJ-EOIR PAL
From: Department of Justice, Executive Office for Immigration Review
Dear Matthew Hoppock,
The status of your FOIA/PA request #2023-78734 has been updated to the following status 'In Process.' Track the status of your request by logging in to DOJ - EOIR - PAL at https://foia.eoir.justice.gov/.
Sincerely,
DOJ-EOIR PAL
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 March 22, 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 March 22, 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 March 22, 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 March 22, 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 March 22, 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 March 22, 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.