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Daniel M. Kowalski
17 days ago
Immigration Law
Inside News
Advocates File Lawsuit Challenging CBP’s Chronic Delays in Responding to FOIA Requests
NILA, Apr. 24, 2024 "Today, three immigration attorneys and two individuals filed a prospective class action lawsuit in federal court, challenging U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond...
Daniel M. Kowalski
1 month ago
Immigration Law
Inside News
Credible Fear Procedures Manual
Thanks to a FOIA request by David Cleveland , we now have the May 10, 2023 revision of the USCIS Credible Fear Procedures Manual available to us.
Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
Innovation Law Lab Files FOIA Lawsuit
Innovation Law Lab, Feb. 22, 2024 " We filed suit against the U.S. Citizenship and Immigration Services (USCIS) under the Freedom of Information Act (FOIA) to demand that USCIS publicly and proactively disclose the Credible Fear Procedures Manual...
Daniel M. Kowalski
3 months ago
Immigration Law
Inside News
ICE Bond Policy FOIA Victory!
National Bail Fund Network et al. v. Immigration and Customs Enforcement et al. "1. No later than 30 days following the Court’s approval of this Stipulation, Defendant U.S. Immigration and Customs Enforcement (“ICE”) shall ...
Daniel M. Kowalski
6 months ago
Immigration Law
Inside News
DOS Final Rule: Public Access to Information (Advance Copy)
This document is scheduled to be published in the Federal Register on 10/18/2023 "The Department of State (the Department) finalizes the proposed rule it published on March 3, 2020, relating to the availability to the public of information that...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
FOIA Failure: ICE on Fire
[This is a long read, but very important for FOIA litigators!] "Government data show systemic failure in ICE’s FOIA Office. Will courts and Congress put it out?" R. Andrew Free writes : " Data released in March by the Department...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
Groups Sue EOIR To Find Out Why Immigrants’ Court Hearings Are Moved Up on Short Notice
AIC, July 6, 2023 "Immigration attorneys representing immigrants in removal proceedings frequently report that immigration courts move up the date of their clients’ individual hearings with limited to no notice about the rescheduling and...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
CBP Metering FOIA Victory in PA: Hoffman v. CBP
Andrew Free writes: "Judge Anita Brody of the US District Court for the Eastern District of Pennsylvania issued an order denying CBP’s motion for summary judgment on search adequacy, and granting in part Plaintiff Karen Hoffmann’s motion...
Daniel M. Kowalski
10 months ago
Immigration Law
Inside News
A Step-by-Step Guide to Filing a FOIA Lawsuit
AIC, June 20, 2023 " This Practice Advisory provides immigration practitioners with step-by-step instructions a bout how to file a laws uit under the Freedom of Information Act. The Advisory explains the preliminary steps that need to be completed...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
ICE Withheld Records; ACLU Sued and Won
ACLU of Maine, Apr. 17, 2023 "A federal judge last week ordered United States Immigration and Customs Enforcement to conduct a new search of the agency’s records and to release items related to their detention practices in Maine and a proposed...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
ICE Posts Its Bond Procedures Manual as a Result of FOIA Lawsuit
AIC - " U.S. Immigration and Customs Enforcement (ICE) published the agency’s Bond Management Handbook , a manual that provides instruction to agency staff about bond payment procedures, in its electronic library as a result of a lawsuit filed by...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
NYLAG Unpub. BIA FOIA Update
NYLAG, Jan. 30, 2023 "... Under the settlement approved in February 2022, the Board is required to place nearly all its opinions into an online reading room, accessible to all in perpetuity, ensuring that immigration advocates will have access...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
CA2 on FOIA: ACLU v. ICE
ACLU Immigrants' Rights Project v. ICE "In this action under the Freedom of Information Act (“FOIA”), plaintiff appeals an award of summary judgment in the United States District Court for the Southern District of New York (George B. Daniels...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
Practice Advisory: Nightingale v. USCIS and FOIA Requests for Immigration Case Files (A-Files)
Trina Realmuto, Mary Kenney, Emily Creighton, Matt Adams, and Stacy Tolchin, Dec. 16, 2022 "... This practice advisory explains the ways to submit a FOIA request for a client’s A-File, provides suggestions for avoiding agency rejections of the...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
More on E-F-H-L-
In August 2018, immigration attorney and FOIA superstar Matthew Hoppock filed a FOIA request regarding Matter of E-F-H-L- . Over four years (!) later, EOIR responded, providing an interesting series of emails and a memo from Gene Hamilton. It's...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
EOIR Updates FOIA Request Process
EOIR, Sept. 26, 2022 "The Executive Office for Immigration Review (EOIR) today announced that, to more quickly and effectively respond to Freedom of Information Act (FOIA) and Privacy Act (PA) requests, requestors are strongly encouraged to submit...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
CA9 on FOIA: Transgender Law Center v. ICE
Transgender Law Center v. ICE "At the heart of this case is an effort by advocates to learn about the circumstances of an asylum-seeker’s tragic death in federal custody. The Freedom of Information Act exists for just such a purpose—to ensure an...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
IRAP, AIC FOIA Records Related to Humanitarian Parole Data and Refugee Processing for Afghan Nationals
IRAP, AIC, Mar. 15, 2022 " This Freedom of Information Ac t (FOIA) request seeks to uncover information about how the humanitarian parole process and refugee program is working with respect to Afghan nationals."
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
ILD, NILC and AIC FOIA ACIJ Materials
ILD, NILC, AIC, Mar. 14, 2022 "Understanding the Role of Approximately 40 Assistant Chief Immigration Judges (ACIJs) Who Oversee All Immigration Courts. This Freedom of Information Act (FOIA) Request seeks to uncover information about the hiring...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
FOIA Victory: Brennan Center v. ICE
Brennan Center v. ICE "Now before the Court are the parties' cross motions for summary judgment. See ECF Nos. 15, 18. Two issues remain in dispute: (1) whether the search ICE conducted was adequate, and (2) whether ICE properly withheld several...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Parties "Optimistic" of Settlement in NYLAG v. BIA (Unpub. FOIA)
DOJ letter, Oct. 15, 2021 "Plaintiff seeks the publication of unpublished decisions issued by the Board of Immigration Appeals (“BIA”) — both historical opinions that the BIA has already issued and opinions that the BIA will issue in the future...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
FOIA Sensei Matthew Hoppock Scores Again!
Matthew Hoppock, Oct. 12, 2021 Here Are the BIA Chairman’s Memos From 2004 to 2018 Obtained Through FOIA "For the last four years, we’ve been using the Freedom of Information Act to request records describing the policies and procedures that...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
FOIA Results – EOIR’s “Guidance and Publications” Site
Matthew Hoppock, Sept. 13, 2021 "In January 2019 we submitted a FOIA request asking for the contents of the EOIR ‘s “ Guidance and Publications” intranet site . The site is part of the EOIR’s intranet, which is accessible to all EOIR employees...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Free Immigration FOIA Zoom by ABA, June 16, 2021
ABA "Government Information & Right to Privacy Committee Presents FOIA Challenges in Immigration Wednesday, June 16, 2021, 12:00-1:30 pm ET Participants: -Emily Creighton; Legal Director, Transparency; American Immigration Council -Claudia...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Major FOIA Victory at CA2: NYLAG v. BIA
NYLAG v. BIA "Plaintiff-Appellant New York Legal Assistance Group (“NYLAG”) seeks access to non-precedential “unpublished opinions” issued by Defendant-Appellee the Board of Immigration Appeals (“BIA”) in immigration cases. NYLAG wants to consult...
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