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 Request Records

    (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.  A FOIA request is not required. 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.  Parties to proceedings before the immigration courts may make arrangements with the relevant immigration court staff by using the following email model: “EOIR.xyz.ROP.Requests@usdoj.gov” where the “xyz” represents the relevant immigration court’s three-letter code.  See Appendix P (Immigration Court Three Letter Codes).  Parties to proceedings before the BIA may make arrangements by calling the Clerk’s Office.  See Appendix A (Directory).  EOIR prohibits the removal of official records by parties or other persons from EOIR-controlled space.

         (B) Copies of the Record - The immigration court and the BIA will provide copies of the official record of proceedings to parties and their legal practitioner(s) of record upon request. A FOIA request is not required. Parties may obtain a copy of all portions of the record that are not prohibited (e.g., classified information, documents under protective order).  Requests for copies of the official record of proceedings may be made to the immigration courts in person, by mail, or by email.  See Part II, Chapter 1.5 (Public Access) Part III, Chapter 1.5 (Public Access).  The immigration courts and the BIA do not provide self-service copying. Alternatively, the parties may file a request for information pursuant to the Freedom of Information Act (FOIA). See Part II, Chapter 12 (Requesting Records).

         (C) Non-Parties - Non-parties who are not a party to a proceeding must file a FOIA request with the EOIR Office of General Counsel if they wish to see or obtain copies of the record of proceedings.  See Part II, Chapter 12 (Requesting Records).

(c) Where to submit requests

It is highly recommended that you submit your FOIA request through the Public Access Link (PAL) for the most efficient processing. If a computer is not readily available to you, you may alternatively 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

(d) Form

To ensure that privacy protected information is not improperly released, a request seeking records regarding yourself must verify your identity. The FOIA Service Center recommends submitting an originally signed and dated DOJ-361 Form Certification of Identity.

Alternate Certification: 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 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]."

(e) What information should I include

FOIA requests should carefully describe the records sought and include specific identifying information such as 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.

       (ii) 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.