1.5 - Public Access

(a) Office location

The Board of Immigration Appeals (Board) is located in Falls Church, Virginia, which is within the metropolitan Washington, D.C.  area.  With the specific exceptions made for the public information window, and on appropriate occasions the Oral Argument Room, access to Board facilities is limited to authorized personnel.

(b) Oral Argument

The public may attend oral argument under certain circumstances.  See Chapter 7 (Oral Argument).

(c) Records

     (1) Inspection by parties - Parties to a proceeding, and their practitioners of record, may inspect the official records of proceedings.  A Freedom of Information Act (FOIA) request is not required.  Inspection by prior arrangement with the Board Clerk’s Office is strongly recommended to ensure that the official record of proceedings is immediately available.  Parties to a proceeding before the Board may request inspection by calling the Board Clerk’s Office.  See Appendix A (Directory).  Parties may review all portions of the record that are not prohibited (e.g., classified information, documents under a protective order).  EOIR prohibits the removal of official records by parties or other persons from EOIR-controlled spaces.  Removal of records by parties or other unauthorized persons is prohibited.

     (2) Inspection by non-parties - Persons or entities who are not party to a proceeding must file a request for information pursuant to FOIA.  See Part I, Chapter 6.2 (FOIA Requests).  The Clerk’s Office may not permit non-parties to inspect the record or any part thereof.

     (3) Copies for parties - The Board does not automatically provide a copy of the official record of proceedings to the parties to the proceedings upon the filing of an appeal or motion.  The Clerk’s Office will provide copies of the official record of proceedings to parties and their practitioners 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 a protective order).  Requests for copies of the official record of proceedings may be made to the Board in person, by mail, or by email.  The Board encourages parties to request a copy by email using “EOIR.BIA.ROP.Requests@usdoj.gov ”.  This email address is only to be used for requests for a copy of the official record.  The Board does not provide self-service copying.  

      (4) Copies for non-parties - The Clerk’s Office will not provide non-parties with copies of any official record, whether in whole or in part.  Non-parties must file a request for information pursuant to FOIA.  See Part I, Chapter 6.2 (FOIA Requests).

      (5) Confidentiality - The Board must balance the public’s need for information with the protection of persons who appear before the Board.  The Board takes special precautions to ensure the confidentiality of cases involving asylum applicants, battered alien spouses and children, exclusion proceedings, and classified information. 

    (6) Electronic records

For cases with electronic records of proceedings (eROPs), eligible parties may view and download the eROP through the EOIR Courts & Appeals System, except any restricted portion of the record (e.g., classified information or information subject to a protective order).

(d) Public Inquiries – For more information regarding public inquires, see Part I, Chapter 1.5 (Public Inquiries).