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Dear Matt Cameron,

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 2024-26640.

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, 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. (https://foia.eoir.justice.gov/app/Home.aspx) 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 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

Dear Matt Cameron,

The status of your FOIA/PA request #2024-26640 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

Re:      2024-26640 Freedom of Information Act Request for [CUSTOMFIELD26] Dear Matt Cameron, This letter is in response to your Freedom of Information Act (FOIA) request in which you seek documents regarding the above-referenced individual. Your request either did not contain any of the evidence described below or the evidence that you provided was improper.  At any time, you may resubmit your request with proper documentation using the Public Access Link (PAL) (https://foia.eoir.justice.gov/app/Home.aspx) Under our regulations, we will generallyrelease a photocopy of the record of proceedings with appropriateauthorization. As such, we require more evidence for release of the record. This response neither confirms nor denies the existence of any record for thenamed individual.
Such evidence may include a completed Form EOIR-59 or (https://www.justice.gov/eoir/page/file/1380121/download) DOJ-361 (https://www.justice.gov/ust/file/doj361_form.pdf/download) signed and dated byyour client (or you, if you are requesting your own records). Alternatively, if you are requesting your own records, you may provide your full name, currentaddress, date and place of birth, and either (1) have your signature witnessed by a notary, or (2) include the following statementimmediately above your signature : “I declare under penalty of perjurythat the foregoing is true and correct. Executed on [date].” If you are a parent or guardian requesting documents for a child, in addition to the above evidence, you must also submit proof ofparentage (e.g., birth certificate) or guardianship (e.g., court order), as well as verification of your ownidentity. Verification of your identity must include your full name, current address, date and place ofbirth, and either (1) your signature witnessed by a notary, or (2) the following statement immediately above your signature: “I declare underpenalty of perjury that the foregoing is true and correct. Executed on [date].” For more information on providing proper documentation for your FOIA request, please visit Freedom of Information Act (FOIA) (justice.gov). (https://www.justice.gov/eoir/freedom-information-act-foia)
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 torequest their Record of Proceedings directly from the immigration court orBoard of Immigration Appeals. Please see the instructions here: https://www.justice.gov/eoir/ROPrequest. (https://www.justice.gov/eoir/ROPrequest)
You may contact the FOIA Public Liaison at EOIR.FOIArequests@usdoj.gov (mailto:) for any further assistance and to discuss anyaspect of your request. Alternatively, 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 contactinformation 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’sdetermination in response to this request, you may administratively appeal bywriting to the Director, Office of Information Policy (OIP), United StatesDepartment of Justice, 441 G Street, NW, 6th Floor, Washington, D.C. 20530, oryou may submit an appeal through OIP’s FOIA STAR portal by creating an accountfollowing the instructions on OIP’s website https://www.justice.gov/oip/submit-and-track-request-or-appeal (https://www.justice.gov/oip/submit-and-track-request-or-appeal) . Your appeal must be postmarkedor electronically transmitted within 90 days of the date of my response to yourrequest. If you submit your appeal by mail, both the letter and the envelopeshould be clearly marked “Freedom of Information Act Appeal.” Sincerely, FOIA Intake