If a minor is too young to make a request, an attorney, parent, or guardian may make a request on behalf of a minor. If you are the attorney of record, you may wish to provide evidence of that fact, such as a valid entry of appearance, Form EOIR-27 or Form EOIR-28.īack to top How can a request be made for a minor?Ī minor may make a FOIA request for him or herself. The FOIA Service Center recommends having the person who is the subject of the request complete, sign and date Form EOIR-59, Certification and Release of Records for this purpose. If you are seeking nonpublic information, such as the record of proceedings before an immigration court regarding a person that is not you or a person you represent, the FOIA Service Center recommends that you include in your request an authorization to release information from the person who is the subject of the request or an explanation about how the public interest outweighs the privacy interest of the subject of the record. Requests for information about a person other than the requester require proper authorization allowing release of the information. "īack to top How do I request the records of another person? This statement immediately above your signature: “I declare under penalty of perjury that the foregoing is true and correct. The FOIA Service Center recommends submitting an originally signed and dated DOJ-361 Form Certification of Identity.Īlternate 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:ī. To ensure that privacy protected information is not improperly released, a request seeking records regarding yourself must verify your identity. If the A number is not known or the case occurred before 1988, please provide the date of the Order to Show Cause, the country of origin, and the location of the immigration hearing.īack to top How do I request records about myself? For example, if a FOIA request seeks a record of proceedings, your request, if possible, should include the alien's full name, aliases, immigration hearing location, and alien registration (A) number (if known). Office of the General Counsel Attn: FOIA Service Centerīack to top What information should I include?Ī FOIA request should reasonably describe the records sought and include identifying information. If a computer is not readily available to you, you may alternatively submit your request to the following address: It is highly recommended that you submit your FOIA request through the Public Access Link (PAL) for the most efficient processing. (See also )īack to top What are FOIA exemptions and exclusions?īack to top Where can I find the text of the FOIA statute?īack to top Where may I submit my request? In addition Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. § 552/552a) provides that any person has a right to request access to federal agency records, except those records exempted by the Acts. The Freedom of Information Act/Privacy Act (FOIA/PA), (5 U.S.C. If I am not satisfied with your response, can I appeal my request? What is the Freedom of Information Act? How do I check on the status of my request? How long does it take to process requests?Īre there limits to what agencies are required to perform under FOIA?Ĭan I ask to have records about me to be corrected? How much does it cost to request records? What does EOIR require of a someone seeking records about another person or himself? How do I request the records of another person? Where can I find the text of the FOIA statute? If you are seeking a copy of your (or your client's) official Record of Proceeding, please visit the ROP request information page for instructions. Requests filed with a local immigration court are not properly filed with EOIR.įor a text of applicable DOJ FOIA rules, consult the DOJ FOIA Reference Guide. EOIR's FOIA Service Center is centralized and all requests for records from immigration courts must be filed at the FOIA Service Center. Requests regarding applications filed with DHS should not be made with EOIR and DHS forms should not be used to request records from EOIR. PLEASE NOTE: The Executive Office for Immigration Review (EOIR) is NOT part of the Department of Homeland Security (DHS). How to Submit a FOIA or Privacy Act Request
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