12.2 - Requests

For detailed guidance on how to file a FOIA request, individuals requesting information under the Freedom of Information Act should consult EOIR website or contact the EOIR FOIA Service Center.  See Appendix A (Directory).  General guidelines are as follows.

(a) Who May File

          (1) Parties

(A) Inspecting the record — Parties to an immigration court proceeding and their practitioners of record may inspect the official record of proceedings.  A FOIA request is not required.  Inspection by prior arrangement with court staff is strongly recommended to ensure that the official record is immediately available.  Individual immigration courts can be reached 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 Q (Immigration Court Three Letter Codes).  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 space.

(B) Obtaining copies of the record — The immigration courts 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 to the party (e.g., classified information, documents under a protective order).  Requests for copies of the official record of proceedings may be made to the immigration courts in person, by mail, or via email.  See email model above in the ICPM, Chapter 12.2(a)(1)(A).  See Chapter 1.5(c) (Records).  The immigration courts do not provide self-service copying.

          (2) Non-parties — Persons who are not a party to a proceeding before an immigration court must file a FOIA request with the EOIR Office of the General Counsel if they wish to see or obtain copies of the record of proceedings.  See subsection (b), below.

(b) How to File

          (1) Form — FOIA requests must be made in writing.  See 28 C.F.R. § 16.1 et seq.  Although the Executive Office for Immigration Review (EOIR) does not have an official form for filing FOIA requests, the Form EOIR-59, Certification and Release of Records, can be used in conjunction with a FOIA request when requesting third party information.  See Appendix D (Forms).  The Department of Homeland Security Freedom of Information/Privacy Act Request (Form G-639) should not be used to file such requests.  For information on where to file a FOIA request, contact the EOIR FOIA Service Center.  See Appendix A (Directory).

          (2) Information required — 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 a respondent in removal proceedings, the request should contain the full name and A-number of that respondent.  The more precise and comprehensive the information provided in the FOIA request, the better and more expeditiously the request can be processed.

          (3) Fee — No fee is required to file a FOIA request, but fees may be charged to locate, review, and reproduce records.  See 28 C.F.R. § 16.10(c).

          (4) Processing times — Processing times for FOIA requests vary depending on the nature of the request and the location of the records.

(c) When to File

          (1) Timing — A FOIA request should be filed as soon as possible, especially when a party is facing a filing deadline.

          (2) Effect on filing deadlines — Parties should not delay the filing of an application, motion, brief, appeal, or other document while awaiting a response to a FOIA request.  Non-receipt of materials requested pursuant to FOIA does not excuse a party’s failure to meet a filing deadline.

(d) Limitations  

          (1) Statutory exemptions — Certain information in agency records, such as classified material and information that would cause a clearly unwarranted invasion of personal privacy, is exempted from release under FOIA.  See 5 U.S.C. § 552(b)(1)-(9).  Where appropriate, such information is redacted (i.e., removed or cut out), and a copy of the redacted record is provided to the requesting party.  If material is redacted, the reasons for the redaction are indicated.

          (2) Agency’s duty — The FOIA statute does not require the Executive Office for Immigration Review, its Office of the General Counsel, or the immigration courts to perform legal research, nor does it entitle the requesting person to copies of documents that are available for sale or on the internet.

          (3) Subject’s consent — When a FOIA request seeks information that is exempt from disclosure on the grounds of personal privacy, the subject of the record must consent in writing to the release of the information.