EOIR Policy Manual, Part I, ch. 6.2
EOIR
(a) FOIA, Generally
The Freedom of Information Act (FOIA) provides the public with access to federal agency records, with certain exceptions. See 5 U.S.C. § 552. EOIR’s Office of the General Counsel (OGC) responds to FOIA requests for EOIR records, including records related to the immigration courts, Board, and OCAHO. Proactive FOIA disclosures required under 5 U.S.C. § 552(a)(2) are available in the EOIR FOIA Library, and certain redacted, unpublished Board decisions are available in the FOIA Reading Room.
For a currently active case, parties to proceedings may request access to their records of proceedings from the immigration court or the Board without submitting a FOIA request. See section 6.1, above. To access the records of proceedings for a closed case, a FOIA request must be submitted.
(b) FOIA Requests
(i) Contact
For detailed guidance on how to file a Freedom of Information Act (FOIA) request, individuals requesting information under the FOIA should consult the Executive Office for Immigration Review’s (EOIR) FOIA website or contact the EOIR FOIA unit. See Appendix A (Directory).
(ii) Who May Request Records
“Any person” can file a FOIA, including Federal employees. “Person” is defined by the Administrative Procedure Act (APA) as “an individual, partnership, corporation, association, or public or private organization other than an agency.” 5 U.S.C. § 551(2).
(iii) Verification of Identity and Consent
To ensure that privacy protected information is not improperly released, a request seeking records regarding yourself must verify your identity. Additionally, when a FOIA request seeks information that is exempt from disclosure on the grounds of personal privacy, the subject of the record (e.g., the alien, the petitioner, the complainant, the respondent, the carrier) must consent in writing to the release of that information.
The FOIA Service Center recommends submitting an originally signed and dated Form EOIR-59 Certification and Release of Records or Form DOJ-361 Certification of Identity.
Alternatively, when you are requesting your own records, you may verify your identity using your: (1) full name; (2) current address; (3) date and place of birth; and (4) either:
- A notarized signature; or
- This statement immediately above your signature: “I declare under penalty of perjury that the foregoing is true and correct. Executed on [date]."
If requesting records as the parent or guardian of the subject of the records sought, additional documentation must be provided with one of the above forms of verification of identity and consent to prove the relationship, such as a birth certificate or court order.
(iv) Required Information
FOIA requests should carefully describe the records sought and include specific identifying information such as names, dates, subject matter, location of proceedings, and key terms that are likely to locate the records. For example, if a request pertains to an alien in removal proceedings, the request must contain the A-Number or, if the A-Number is not known, the full name of the alien along with the charging document date, country of origin, and location of the immigration hearing. 28 C.F.R., pt. 16, app. I (2015). The more precise and comprehensive the information provided in the FOIA request, the better and more expeditiously OGC can process the request.
(v) Where to Submit a FOIA Request
It is highly recommended that you submit your FOIA request through the Public Access Link (PAL) for the most efficient processing. Alternatively, you may submit your request through the National FOIA Portal. If a computer is not readily available to you, you may submit your request to the following address:
Office of the General Counsel
Attn: FOIA Service Center
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2150
Falls Church, VA 22041
(vi) Fees
There is no fee to file a FOIA request, but fees may be incurred to locate, review, and reproduce the records. See 28 C.F.R. § 16.10.
(vii) Processing Times
Processing times for FOIA requests vary, depending on factors such as the nature of the request and the location of the record.
(viii) When to File
(1) Timing - Individuals should file a FOIA request as soon as possible, especially when a party is facing a filing deadline. Parties should not wait until receiving a briefing schedule or other timeline from the immigration court or Board before submitting a FOIA request.
(2) Effect on Filing Deadlines - Parties should not delay the filing of an appeal, motion, brief, or other document while awaiting a response to a FOIA request. Failure to receive FOIA materials prior to a filing deadline does not excuse the party from meeting a filing deadline regardless of the timeliness of the request for FOIA materials.
(ix) Statutory Exemptions
FOIA laws exempt certain information contained within agency records, such as classified material and information that would cause a clearly unwarranted invasion of personal privacy, from release. See 5 U.S.C. § 552(b)(1)-(9). Where appropriate, OGC will redact (i.e., remove or black out) such information and provide a copy of the redacted record to the requester. If material is redacted, OGC staff will indicate the applicable exemptions for the redaction.
(x) Agency's Duty - The FOIA statute does not require EOIR, OGC, the immigration courts, Board, or OCAHO to perform legal research, nor does it entitle the requester to copies of documents that are available for sale or on the Internet.
Chat with this agency guidance using AI
Ask CiteLaw's AI Navigator anything about this agency guidance, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.