HOW TO SUBMIT A FOIA/PA REQUEST

PLEASE NOTE: The Executive Office for Immigration Review (EOIR) is NOT part of the Department of Homeland Security.  Requests regarding applications filed with DHS should not be made with EOIR and DHS forms should not be used to request records from EOIR.  EOIR’s FOIA Service Center is centralized and all requests for records from immigration courts must be filed at the FOIA Service Center.  Requests filed with a local immigration court are not properly filed with EOIR.

For a text of applicable DOJ FOIA rules, consult the DOJ FOIA Reference Guide.

1. The Freedom of Information Act/Privacy Act (FOIA/PA), (5 U.S.C. § 552) provides that any person has a right to request access to federal agency records, except those records exempted by the Act.
   
   
2. Records are disclosed upon receipt of a written request. Requests should thoroughly describe the records sought and include identifying information such as full name and alien registration number (if known). If the "A" number is not known or the case occured before 1988, please give date of Order to Show Cause, country of origin, and the location of the immigration hearing. To file a FOIA request, send a letter to:

   Office of the General Counsel
   Attn: FOIA Service Center
   Executive Office for Immigration Review
   5107 Leesburg Pike, Suite 2600
   Falls Church, VA 22041
   
   The letter should be on letterhead and be signed.
   
   

3. When a third-party requests information that is exempt from disclosure, the original signature of the alien is required for release of documents. Information is withheld when disclosure would constitute a clearly unwarranted invasion of personal privacy.
   
   
4. Except for commercial requesters, there is no charge for the first 100 pages of reproduction and 2 hours of search time. After the first 100 pages, a fee of $.10 per page is charged. Search fees are charged per quarter hour; $4.00 (clerical), $7.00 (professional/computer operator), and $10.25 (managerial). Fees must exceed $14.00 before a fee is charged. Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25 without notice. Most requests do not require any fees; however, if fees exceed $25.00, we will notify you prior to completion of the request. You must agree to pay or EOIR will not release the records.
   
   
5. The period for determining whether to comply with a request is 20 days, and may be extended to 30 days when there is a need to search and collect information from a field office, or search and collect voluminous records or when there is a need for consultation within the agency or among two or more agencies. 5 U.S.C. § 552(a)(6)(A)(i)
   
   
6. FOIA does not require agencies to do legal research, or provide documents that are published and offered for sale, or available on the Internet.
   
   
7. Expedited requests must show a compelling need such as: (1) imminent threat to the life or physical safety of an individual; (2) an urgency to inform the public concerning actual or alleged Federal Government activity if the request is made by a person primarily engaged in disseminating information; (3) loss of substantial due process rights; or (4) a matter of widespread and exceptional media interest in which there exist possible questions about the government's integrity which affect public confidence.
   
   
8. To follow up on the status of a FOIA request, contact OGC at (703) 605-1297. Additional information on FOIA procedures can be found here.
   
   
9. Appeals must be sent within 60 days of receipt of a FOIA response by the Executive Office of Immigration Review, to the Office of Information Policy (OIP), United States Department of Justice, 1425 New York Ave., NW Suite 11050, Washington, DC 20530-0001.
   
   
   Please read our Privacy Policy

Page Last Updated: 03/23/2009