[Federal Register Volume 72, Number 39 (Wednesday, February 28, 2007)]
[Notices]
[Pages 9017-9018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3357]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2394-06; DHS Docket No. USCIS-2006-0051]
RIN 1615-ZA40
Special FOIA Processing Track for Individuals Appearing Before an
Immigration Judge
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
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SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is improving
its processing of Freedom of Information Act (FOIA) requests from the
general public by establishing a third processing track for individuals
appearing before an immigration court. Currently, a large portion of
FOIA requests are submitted by individuals who have received a Notice
To Appear for a hearing before an immigration judge or by such
individuals' attorneys or representatives. By creating an additional
processing track, USCIS will be able to provide the public with more
expeditious service and to thereby improve customer satisfaction.
DATES: This notice is effective March 30, 2007.
FOR FURTHER INFORMATION CONTACT: Brian J. Welsh, Chief, Freedom of
Information Act and Privacy Act, U.S. Citizenship and Immigration
Services, Department of Homeland Security, P.O. Box 648010, Lee's
Summit, Missouri 64064, Phone: 816-350-5785, E-Mail: [email protected]
.
SUPPLEMENTARY INFORMATION:
Background:
Under the Freedom of Information Act, 5 U.S.C. 552 (``FOIA''), the
Privacy Act, 5 U.S.C. 552a, and the Department of Homeland Security's
implementing regulations located at 6 CFR 5.5(b), the Secretary of
Homeland Security may use two or more processing tracks for responding
to FOIA requests. Currently, USCIS has two tracks: Track 1 is for less
complex requests that can be processed in 20 working days or less.
Track 2 is for complex requests that may require more than 20 working
days to process and that include searching and line-by-line review of
numerous pages of information. With this notice, USCIS will establish a
third processing track, the ``Notice To Appear'' track, which will
allow for accelerated access to the Alien-File (A-File) for those
individuals who have been served with a charging
[[Page 9018]]
document and have been scheduled for a hearing before an immigration
judge as a result. The creation of this track is consistent with
Executive Order 13392, ``Improving Agency Disclosure of Information''
(December 14, 2005), which requires Federal agencies to improve their
FOIA processing.
``Notice To Appear'' track cases do not include cases in which the
immigration judge has issued a final order or cases in which an appeal
of an immigration judge's decision has been filed with the Board of
Immigration Appeals (BIA). ``Notice To Appear'' track cases do not
include cases in which the subject's date of scheduled hearing before
the immigration judge has passed and current records indicate that the
subject failed to appear for his/her scheduled hearing, resulting in
closure of the removal/deportation proceedings by the immigration
judge.
An Alien-File or A-File is the series of records USCIS maintains on
immigrants, certain non-immigrants, applicants for citizenship, certain
individuals who have relinquished their United States citizenship,
applicants for permanent residence or other immigration benefits, and
individuals who have become subjects of immigration enforcement
proceedings. The A-File documents the history of such people's
interaction with USCIS or other components of the Department of
Homeland Security (DHS) in actions prescribed by the Immigration and
Nationality Act (INA) and related regulations. USCIS uses the
information in an A-File to adjudicate requests for immigration-related
benefits and to enforce U.S. immigration laws.
Individuals may request access to their A-files by filing a FOIA
request with Form G-639, Freedom of Information/Privacy Act Request, or
by having their attorney or representative submit such a request along
with a Form G-28, Notice of Entry of Appearance as Attorney or
Representative, on their behalf. These forms can be found at http://www.uscis.gov.
A requester (including individuals, attorneys, or representatives)
seeking to be placed in the queue must provide a copy of one of the
following documents:
1. Form I-862, Notice To Appear, documenting the scheduled date of
the subject's hearing before the immigration judge;
2. Form I-122, Order To Show Cause, documenting the scheduled date
of the subject's hearing before the immigration judge;
3. A written notice of continuation of a scheduled hearing before
the immigration judge; or
4. Form I-863, Notice of Referral to Immigration Judge.
After USCIS receives the request and validates it as a proper
request, USCIS will place it in a queue of previously received requests
of a similar nature. USCIS will take the requests in the order of
receipt, as mandated by the FOIA and the applicable implementing DHS
regulations at 6 CFR 5. USCIS will only accept requests for expedited
processing for this queue if the requester has satisfied the
requirements outlined in 6 CFR 5.5(d).
All other FOIA requirements, as described in 6 CFR part 5,
Disclosure of Records and Information, will apply.
This notice does not affect those requests that do not fall in the
above-described category.
Dated: February 21, 2007.
Emilio T. Gonzalez,
Director, U.S. Citizenship and Immigration Services.
[FR Doc. E7-3357 Filed 2-27-07; 8:45 am]
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