The changing immigration laws and regulations continually add complexity, making it crucial to hold the immigration court record as a decisive advantage when applying for a benefit under U.S. law. immigration law or have the unenviable prospect of facing removal or deportation, knowing more about their content may shape your case in a way. This article will provide you with easy, step-by-step instructions on how to obtain these essential records under FOIA and, in addition to that, shed some light on the complexities of the USCIS and the immigration court.
Why Are Your Court Records Important?
It is crucial to now know why Immigration Court records are important before explaining how to get them Since the Immigration Court records are critical in your case, it is essential to see why it is significant. Recently, you have actively participated in multiple court proceedings, compiling details of court hearings and immigration judge decisions, with court records documenting any orders received or potentially imposed upon you. Access to this information can help you:
Build a Strong Legal Strategy:
When you are aware of what happened in previous courts, then you will get good legal tactics that will enable you to get your immigration status.
Correct Errors:
In the actual records kept in the courts, there is often much misinformation. Indeed, through these records, it is possible to ensure that any mistakes made during your proceedings are noticed and rectified.
Track Progress:
Especially for those who are faced with the removal or deportation process, having insights on case status is significant. Documents state a clear picture of where you are in the process of law courts.
But now let us continue with the process of how to apply for them, or how to get them.
The Freedom of Information Act (FOIA)
The FOIA grants people access to information stored within federal departments, including the US immigration court. But it is quite pertinent to mention here that the United States government does lack an overarching office for receiving and attending to FOIA requests for all other federal departments and agencies.
Each department or agency implements its own central FOIA requests.
The Role of the Executive Office for Immigration Review (EOIR)
The U. S. Immigration Court, also recognized as the Executive Office for Immigration Review (EOIR), has the responsibility of documenting present deportation, removal, and exclusion cases. These records contain information such as judges’ rulings, orders, and any other important information specific to immigrant cases.
Making a FOIA Request
If you want to request your immigration court records, there are forms you can fill out and submit in writing to make a formal request under the FOIA. You have two options:
Online Submission
If you wish to make a FOIA request then you can go through its online link known as Public Access which is provided by the EOIR. Namely, this method implies registration on the site.
Letter Submission
Alternatively, you can write a formal letter that states ” Freedom of Information Act Request” in the subject of the letter. In the body of the letter, include the following information:
- Your full legal name
- Any aliases you’ve used
- Maiden name (if applicable)
- Date of birth
- if known on aliens can also be required
- Information on the conduct and/or scheduling of immigration hearings that you either sat in or were scheduled to.
- The details of the records to be released include “Order of Deportation In Absentia”, “Notice to Appear” and many others in case one is uncertain a request for a file can be made.
Proof of Identity
Any performer of a request also has to provide proof of identity. You can achieve this by either:
Notary Public
Carrying this letter unnotarized to a notary public who will then attest your signature, and place their seal of authorization on the letter for a fee that ranges from $10-$15.
Form EOIR-59
Endorsing the Form EOIR-59, Certification and Release of Records, and ensuring that the submitted documents are authentic and unaltered. Please remember that the EOIR does not entertain requests for FOIAs by using Form G-639, which is used by other agencies such as USCIS.
Fees and Processing
There is typically no initial fee to submit a FOIA request to the EOIR. However, if fulfilling your request requires more than two hours of research or results in over 100 pages of duplication, the EOIR may charge a fee, typically $25 or more with advance notice.
Mailing Address
Send your FOIA request to the following address:
Office of the General Counsel Attn: FOIA Service Center Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2150 Falls Church, VA 22041
After Submitting Your FOIA Request
Once your FOIA request reaches the Immigration Court, you will receive an acknowledgment letter containing a tracking number. Federal law expects agencies to respond to FOIA requests within 20 days, although producing the requested documents may take longer.
Reviewing Your Immigration Court Records in Person
If you are currently undergoing removal or deportation proceedings, you can also choose to personally review your Immigration Court file at the court where they are processing your case. However, keep in mind the following:
You typically need to make a written request to the court clerk, who will then schedule a time for you to visit in person.
The Immigration Court will generally only allow your attorney of record or an authorized representative to review your file on your behalf.
When you visit the court, remember to bring paper for taking notes since you won’t have permission to take original documents from the file.
In conclusion, access to your immigration court records is a valuable resource in navigating the complex world of U.S. immigration law. By understanding how to request these records through the FOIA process and knowing your rights, you can better prepare for your immigration proceedings and make informed decisions about your case.
