How to Obtain Records Through a FOIA from the Board of Immigration Appeals
Format a business letter., Identify the records you want., Provide other relevant details., Explain if you need an expedited request., Verify your identity., Get permission if seeking another person’s records., Supply proof of death, if necessary...
Step-by-Step Guide
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Step 1: Format a business letter.
Your request must be in writing.To make the request, you should type up a letter.
Open a blank word processing document and format it like a business letter.
Make sure the font is a size and style that is legible.
For example, Times New Roman or Arial 12 point is usually acceptable. -
Step 2: Identify the records you want.
You need to describe the records with sufficient detail that the Executive Office for Immigration Review (EOIR) can find them.For example, if you want a decision from BIA, then request that. , In addition to identifying the records, you also have to provide the following information, which will help the EOIR find the records you want:full name of the alien whose records you are seeking the person’s aliases (if any) location of the proceeding date of the proceeding the alien’s Alien Registration Number (if you know it) if no Alien Registration Number, then provide information on the upcoming hearing, such as the date of the Notice of Hearing and Order to Show Cause, the location of the hearing, as well as the alien’s country of origin , The EOIR can speed up your request if you have a valid reason.
You should mention it in your letter and include any necessary supporting documents.
The following qualify as reasons for making an expedited request:
You or someone else faces an imminent threat to your life or physical safety.
You or someone else might lose substantial due process rights.
For example, you have a hearing coming up and need the information.
In this situation, you should include a copy of the Notice of Hearing and Order to Show Cause along with your request.If you are a journalist, you have an urgent need to inform the public about federal government activity.
There is intense, widespread interest in this record, which might affect the public’s confidence in the government’s integrity. , The EOIR won’t release your records to just anyone.
Instead, you will need to prove your identity.
You can do so in one of the three following ways:
Sign your request in front of a notary public, who will notarize that they witnessed your signature.
Sign your request under penalty of perjury.
Insert the following above your signature: “I declare under penalty of perjury that the foregoing is true and correct.
Executed on .” Complete Form DOJ-361, Certificate of Identity.
This form will ask for your name, Social Security Number, date of birth, and other information., You can get another person’s records, but you have to include a notarized statement from him or her.
This statement should give the EOIR consent to release the records to you.You can also have the person whose records you are seeking fill out Form DOJ-361 and include it with your request.Attorneys of records should submit a valid entry of appearance, Form EOIR-27 or EOIR-28. , You can get records concerning a deceased person.
However, you must include proof of that person’s death.
The following is acceptable proof, which you must send with your request:death certificate obituary in a newspaper other comparable proof , If you have a question about how to request records using an FOIA request, you should call the FOIA Service Center at 703-605-1297.
You can also send an email to [email protected]., Make a copy of your request for your own records.
You should mail the completed request to Office of the General Counsel, Attn:
FOIA Service Center, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1903, Falls Church, VA
22041.Mail your request certified mail, return receipt requested so that you know when it has been received.
You may also email your request to [email protected]. , You generally do not have to pay a fee for the first 100 pages of material and two hours of search time.
However, you may have to pay a fee if you request more than 100 pages or it takes the agency over two hours to search.
You must agree to pay the fee before the EOIR will release your records.You will be charged $0.05 per page over
100.
Search fees are billed in 15 minute increments.
You are charged $4.75 for administrative help and $10.00 for professional help.
Fees must exceed $25.00 before you are charged. , Generally, EOIR should comply with your request within 20 working days.
The agency may need 30 working days if it needs to consult with another agency or field office, or when you request a lot of records.Call 703-605-1297 to follow up on a request.
You will probably talk to the FOIA Specialist who has been assigned to your request. , Hopefully, you will receive your records and be pleased with the results.
However, if you are unhappy, you have 60 days to appeal after the date you receive the response.
Type up a letter explaining why you are unhappy with the response.
Provide as much detail as you can.
Send your appeal to Office of Information Policy (OIP), United States Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, DC 20530-0001. -
Step 3: Provide other relevant details.
-
Step 4: Explain if you need an expedited request.
-
Step 5: Verify your identity.
-
Step 6: Get permission if seeking another person’s records.
-
Step 7: Supply proof of death
-
Step 8: if necessary.
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Step 9: Call with questions.
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Step 10: Submit your request.
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Step 11: Pay a fee
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Step 12: if required.
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Step 13: Receive your records.
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Step 14: File an appeal.
Detailed Guide
Your request must be in writing.To make the request, you should type up a letter.
Open a blank word processing document and format it like a business letter.
Make sure the font is a size and style that is legible.
For example, Times New Roman or Arial 12 point is usually acceptable.
You need to describe the records with sufficient detail that the Executive Office for Immigration Review (EOIR) can find them.For example, if you want a decision from BIA, then request that. , In addition to identifying the records, you also have to provide the following information, which will help the EOIR find the records you want:full name of the alien whose records you are seeking the person’s aliases (if any) location of the proceeding date of the proceeding the alien’s Alien Registration Number (if you know it) if no Alien Registration Number, then provide information on the upcoming hearing, such as the date of the Notice of Hearing and Order to Show Cause, the location of the hearing, as well as the alien’s country of origin , The EOIR can speed up your request if you have a valid reason.
You should mention it in your letter and include any necessary supporting documents.
The following qualify as reasons for making an expedited request:
You or someone else faces an imminent threat to your life or physical safety.
You or someone else might lose substantial due process rights.
For example, you have a hearing coming up and need the information.
In this situation, you should include a copy of the Notice of Hearing and Order to Show Cause along with your request.If you are a journalist, you have an urgent need to inform the public about federal government activity.
There is intense, widespread interest in this record, which might affect the public’s confidence in the government’s integrity. , The EOIR won’t release your records to just anyone.
Instead, you will need to prove your identity.
You can do so in one of the three following ways:
Sign your request in front of a notary public, who will notarize that they witnessed your signature.
Sign your request under penalty of perjury.
Insert the following above your signature: “I declare under penalty of perjury that the foregoing is true and correct.
Executed on .” Complete Form DOJ-361, Certificate of Identity.
This form will ask for your name, Social Security Number, date of birth, and other information., You can get another person’s records, but you have to include a notarized statement from him or her.
This statement should give the EOIR consent to release the records to you.You can also have the person whose records you are seeking fill out Form DOJ-361 and include it with your request.Attorneys of records should submit a valid entry of appearance, Form EOIR-27 or EOIR-28. , You can get records concerning a deceased person.
However, you must include proof of that person’s death.
The following is acceptable proof, which you must send with your request:death certificate obituary in a newspaper other comparable proof , If you have a question about how to request records using an FOIA request, you should call the FOIA Service Center at 703-605-1297.
You can also send an email to [email protected]., Make a copy of your request for your own records.
You should mail the completed request to Office of the General Counsel, Attn:
FOIA Service Center, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 1903, Falls Church, VA
22041.Mail your request certified mail, return receipt requested so that you know when it has been received.
You may also email your request to [email protected]. , You generally do not have to pay a fee for the first 100 pages of material and two hours of search time.
However, you may have to pay a fee if you request more than 100 pages or it takes the agency over two hours to search.
You must agree to pay the fee before the EOIR will release your records.You will be charged $0.05 per page over
100.
Search fees are billed in 15 minute increments.
You are charged $4.75 for administrative help and $10.00 for professional help.
Fees must exceed $25.00 before you are charged. , Generally, EOIR should comply with your request within 20 working days.
The agency may need 30 working days if it needs to consult with another agency or field office, or when you request a lot of records.Call 703-605-1297 to follow up on a request.
You will probably talk to the FOIA Specialist who has been assigned to your request. , Hopefully, you will receive your records and be pleased with the results.
However, if you are unhappy, you have 60 days to appeal after the date you receive the response.
Type up a letter explaining why you are unhappy with the response.
Provide as much detail as you can.
Send your appeal to Office of Information Policy (OIP), United States Department of Justice, 1425 New York Ave., NW, Suite 11050, Washington, DC 20530-0001.
About the Author
Shirley Hill
Experienced content creator specializing in lifestyle guides and tutorials.
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