U.S. Department
of Justice
2.2 - Requests
(a) Contact
For detailed guidance on how to file a FOIA request, individuals requesting information under the Freedom of Information Act should consult EOIR's FOIA website or contact the EOIR FOIA unit. See Appendix A (Directory).
(b) Who May File
(1) Parties
(A) Inspecting the Record - Parties to a proceeding and their legal representatives may inspect the official record of proceedings by making prior arrangements with court staff. Parties to proceedings before the immigration courts may make arrangements with the relevant immigration court staff, while parties to proceedings before the BIA should make arrangements with the BIA clerk’s office. A FOIA request is not required.
(B) Copies of the Record - As a general rule, parties may only obtain a copy of the record of proceedings by filing a FOIA request. See below. However, in limited instances, such as when the record is small or only a portion of the record is needed, immigration court and BIA clerk’s office staff have the discretion to provide a party with a copy of the record or portion of the record without a FOIA request.
(C) Non-Parties - Persons who are not a party to a proceeding must file a FOIA request with the EOIR OGC if they wish to see or obtain copies of the record of proceeding.
(c) Location
Individuals may submit FOIA requests in writing or via email. Individuals should submit written requests to the following address:
Office of the General Counsel
Attn: FOIA Service Center
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1903
Falls Church, VA 22041
Individuals should submit requests via email to the following email address: EOIR.FOIARequests@usdoj.gov
(d) Form
EOIR does not have an official form for filing FOIA requests. Individuals should not use the DHS Freedom of Information/Privacy Act Request (Form G-639) to file such requests.
(e) Information Required
FOIA requests should thoroughly describe the records sought and include as much identifying information as possible regarding names, dates, subject matter, and location of proceedings. For example, if a request pertains to an alien in removal proceedings, the request should contain the full name and A-Number of that alien. The more precise and comprehensive the information provided in the FOIA request, the better and more expeditiously OGC can process the request.
(f) Fee
There is no fee to file a FOIA request, but EOIR may charge a fee to locate, review, and reproduce the records. See 28 C.F.R. § 16.10.
(g) Processing Times
Processing times for FOIA requests vary, depending on factors such as the nature of the request and the location of the record.
(h) 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 the BIA 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.
(i) Limitations
a. Statutory Exemptions - FOIA laws exempt certain information in agency records, such as classified material and information that would cause a clearly-unwarranted invasion of personal privacy, from release under FOIA. 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 requesting party. If material is redacted, OGC staff will indicate the applicable exemptions for the redaction.
(i) Agency's Duty - The FOIA statute does not require the EOIR, its OGC, the immigration courts, or the BIA to perform legal research, nor does it entitle the requesting person to copies of documents that are available for sale or on the Internet.