How to File a Freedom of Information Act Request with EOIR

March 21, 2009 by Thomas Esparza  
Filed under Attorneys

U.S. Department of Justice

Office of the Director

5107 Leesburg Pike, Suite 2600

Falls Church, Virginia 22041

 

FACT SHEET

 

Contact:

 

Office of Legislative and Public Affairs

(703) 305-0289 Fax: (703) 605-0365

 

 

Internet:

www.usdoj.gov/eoir

 

October 9, 2008

 

How to File a Freedom of Information Act Request with EOIR

To file a Freedom of Information Act (FOIA) request with the Executive Office for

Immigration Review (EOIR), your request:

• Must be in writing, either handwritten or typed.

• Must describe the records you seek.

• Must include identifying information such as the full name of the alien whose

records you are requesting, the date and court location of the proceedings, and the

alien registration number (if known).

To request information about yourself, your request must include either:

• A completed

Form DOJ-361

(do not use the Department of Homeland Security

Form G-639), or

• A notarized statement from a notary public who has witnessed your signature on

the request, or

• The following statement, written immediately above your signature on the

request: “I declare under penalty of perjury that the foregoing is true and correct.

Executed on [date].”

To request information about another individual, or on behalf of another individual, your

request must include a notarized statement from that individual giving his or her consent to

release the information to you.

To request information about a deceased individual, your request must include proof of

the individual’s death. (Proof of death may be a death certificate, newspaper obituary, or some

other form of comparable proof.)

For more information see

http://www.usdoj.gov/eoir/efoia/foiafact.htm

. If you have any

further questions, please contact the FOIA Service Center at (703) 605-1297.

–– EOIR ––

 

 

Office of Legislative and Public Affairs

 

How to File a Freedom of Information Act Request with EOIR

Page 2

The Executive Office for Immigration Review (EOIR) is an agency within the Department

of Justice. Under delegated authority from the Attorney General, immigration judges and the

Board of Immigration Appeals interpret and adjudicate immigration cases according to

United States immigration laws. EOIR’s immigration judges conduct administrative court

proceedings in immigration courts located throughout the nation. They determine whether

foreign-born individuals—who are charged by the Department of Homeland Security with

violating immigration law—should be ordered removed from the United States or should be

granted relief from removal and be permitted to remain in this country. The Board of

Immigration Appeals primarily reviews appeals of decisions by immigration judges. EOIR’s

Office of the Chief Administrative Hearing Officer adjudicates immigration-related employment

cases. EOIR is committed to ensuring fairness in all of the cases it adjudicates.

 

Executive Office for Immigration Review

 

 

This information provided is not intended to replace the advice of an attorney but is merely provided as a public service. Each immigration case is different. For more information, consult with Thomas Esparza, Jr., Board Certified Specialist in Immigration and Nationality Law with more than 32 years of experience.