Filing FOIA Request with EOIR
By admin ~ December 15th, 2008. Filed under: FOIA.
In this article, we will discuss the procedure for filing a FOIA (Freedom of Information Act) request with the EOIR (Executive Office for Immigration Review). There are three important steps that must be followed. Your request must:
1. Be written. Handwritten or typed.
2. Identify the person whose records you are seeking. Their full legal name.
3. Detail the record/s you want. Include the court where the proceedings took place, the date when it occurred, and the person’s registration number (if you have it).
If you wish to request information on yourself, the request must include one of the following:
• Form DOJ-361 completely filled out. (Form G-639 from DOH will not be accepted.), or
• A notarized request with notary seal and witness signature, or
• The affirmation: “I declare under penalty of perjury that the foregoing is true and correct. Executed on this date [date].” Then place your signature directly beneath this statement.
If you are filing a request for or about someone else, you must also include a notarized statement from the individual consenting to the release of this information to you.
If you are requesting information on an individual who is deceased, the request must also include proof of death. This may be a newspaper obituary, death certificate, coroner’s report or other form of acceptable proof.
The EOIR is part of the Dept. of Justice. Made up of the Board of Immigration Appeals and immigration judges, they are empowered by the Attorney General’s office to interpret and adjudicate the immigration laws of the United States. Their courts are located throughout the country. Among other things, these judges must decide the fate of individuals who are charged by homeland security of violating immigration laws. The Board of Immigration Appeals’ primary role is to review appeals that have been handed up to them from immigration judges. The Chief Administration Hearing Officer handles cases that relate to employment of immigrants. It is the goal of every EOIR officer to treat everyone that comes before them with fairness and impartiality.
