System Notice for Attorney/Representative Complaint/Petition Files
JUSTICE/INS-022
SYSTEM NAME:
Attorney/Representatives Complaint/Petition Files.
SYSTEM LOCATION:
Offices of Regional Counsels of the Immigration and Naturalization Service (INS) in the United States as detailed in JUSTICE/INS-999.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Attorneys and authorized representatives for whom the INS has received complaints regarding their practice before INS and/or the Executive Office for Immigration Review (EOIR).
CATEGORIES OF RECORDS IN THE SYSTEM:
The system contains records of investigations; State Bar grievance/discipline proceedings records; criminal conviction records; copies of petitions (and related attachments) filed with INS and/or EOIR; communications with the individuals and/or outside agencies; communications within the agency, court transcripts, complaints filed by any person or organization and EOIR pleadings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 292 of the Immigration and Nationality Act, as amended by 8 U.S.C. 1362 and 8 CFR part 292.
PURPOSE (S):
The records are used by the Office of Appellate Counsel and Regional and District Counsel offices of INS when appropriate disciplinary action is necessary against non-agency attorneys and/or representatives who engage in unethical activities or exhibit unprofessional behavior. The records document the processing of these disciplinary actions and are used in their prosecution.
ROUTINE USES OF RECORS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
A. To State Bar Grievance Committees and local Attorney General offices for disbarment or disciplinary proceedings.
B. To the news media and the public pursuant to 28 CFR 50.2 unless it is determined that release of the scientific information in the context of a particular case would constitute an unwarranted invasion of a personal privacy.
C. To a Member of Congress or staff acting on the Member's behalf when the Member or staff requests the information on behalf of and at the request of the individual who is the subject of the record.
D. To the General Services Administration and the National Archives and Records Administration (NARA) in records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
Paper files are stored in filing cabinets. Computer files are stored in a database on magnetic disks.
RETRIEVABILITY:
These records are retrieved by the name of the individual who is the subject of the disciplinary proceeding.
SAFEGUARDS:
Most INS offices are located in buildings under security guard, and access to premises is by official identification. All records are stored in spaces which are locked during non-duty office hours. Many records are stored in cabinets or machines which are also locked during non-duty office hours. Access to automated records is controlled by passwords and name identification.
RETENTION AND DISPOSAL:
The following INS proposal for retention and disposal is pending approval by the NARA. Cases that result in a conviction are maintained at the Regional Counsel's office having jurisdiction. These records are destroyed when 25 years old. Cases that result in acquittal are maintained at the Regional Office for three years and then destroyed. Relevant records produced via electronic mail and word processing systems will be generated and placed in the file folder. Once the copy is made, the system copy can be deleted within 180 days.
SYSTEM MANAGER AND ADDRESS:
The system manager is the Regional Counsel at the regional office having jurisdiction over the litigation. (See the caption ``System Locations.'')
NOTIFICATION PROCEDURES:
Address inquiries to the Freedom of Information Act/Privacy Act Officer (FOIA/PA) at the INS office where the record is maintained or (if unknown) to the FOIA/PA Officer, INS, 425 I Street, NW, Washington, DC 20536.
RECORD ACCESS PROCEDURES:
In all cases, requests for access to a record shall be in writing. Written requests may be submitted by mail or in person at any INS system location (See ``System Location''). If a request for access is made by mail, the envelope and letter should be clearly marked ``Privacy Access Request.'' To enable INS to identify an individual's record, he or she must provide his or her full name and a return address for transmitting the information.
CONTESTING RECORDS PROCEDURES:
Any individual desiring to contest or amend information must direct his or her request to the system manager noted above. State clearly what information is being contested; the reason for contesting it; and the proposed amendment to the information.
RECORD SOURCE CATEGORIES:
Law enforcement agencies, Federal and State courts, State bar licensing agencies; State bar grievance agencies, inquiries and/or complaints from witnesses or members of the general public.
SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Attorney General has exempted this system from subsections (c) (3) and (4); (d); (e) (1), (2), (3), (5), and (8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). In addition, the Attorney General has exempted this system from subsections (c)(3), (d), and (e)(1) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552(j)(2) and (k)(2). Rules have been promulgated in accordance with requirements of 5 U.S.C. 553 (b), (c), and (e) and have been published in the Federal Register as of this date and proposed as additions to Title 28, Code of Federal Regulations (28 CFR 16.99).
