Notice2025-16644
Privacy Act of 1974; Systems of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2025
Issuing agencies
Justice Department
Abstract
Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Executive Office for Immigration Review (EOIR), a component within the United States Department of Justice (DOJ or Department), proposes to modify a system of records notice, JUSTICE/EOIR-001, previously titled "Records and Management Information System" and now retitled as "Adjudication and Appeal Records of the Office of the Chief Immigration Judge and Board of Immigration Appeals." EOIR proposes this update and reissuance to notify the public of the expanded functionality of this system of records, which now includes new types of electronic records, as well as records previously covered by the Decisions of the Board of Immigration Appeals system of records, JUSTICE/BIA-001. This system of records will also adopt new and modified routine uses to better reflect the operation of the system.
Full Text
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<title>Federal Register, Volume 90 Issue 166 (Friday, August 29, 2025)</title>
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[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Notices]
[Pages 42265-42269]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16644]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 03-2025]
Privacy Act of 1974; Systems of Records
AGENCY: Executive Office for Immigration Review, United States
Department of Justice.
ACTION: Notice of a modified system of records. System of records
notice republished in full.
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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
Executive Office for Immigration Review (EOIR), a component within the
United States Department of Justice (DOJ or Department), proposes to
modify a system of records notice, JUSTICE/EOIR-001, previously titled
``Records and Management Information System'' and now retitled as
``Adjudication and Appeal Records of the Office of the Chief
Immigration Judge and Board of Immigration Appeals.'' EOIR proposes
this update and reissuance to notify the public of the expanded
functionality of this system of records, which now includes new types
of electronic records, as well as records previously covered by the
Decisions of the Board of Immigration Appeals system of records,
JUSTICE/BIA-001. This system of records will also adopt new and
modified routine uses to better reflect the operation of the system.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Therefore, please submit
any comments by September 29, 2025.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments: by mail to the United States Department of Justice, Office of
Privacy and Civil Liberties, ATTN: Privacy Analyst, Two Constitution
Square, 145 N St. NE, Suite 8W-300, Washington, DC 20530; by facsimile
at 202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#80f0f2e9f6e1e3f9aee3efedf0ece9e1eee3e5c0f5f3e4efeaaee7eff6"><span class="__cf_email__" data-cfemail="7606041f0017150f5815191b061a1f1718151336030512191c58111900">[email protected]</span></a>. To ensure
proper handling, please reference the above CPCLO Order No. on your
correspondence.
FOR FURTHER INFORMATION CONTACT: Justine Fuga, Senior Component
Official for Privacy, Office of the General Counsel; Executive Office
for Immigration Review, 5107 Leesburg Pike, Suite 2600, Falls Church,
VA 22041; <a href="/cdn-cgi/l/email-protection#97dde2e4e3fef9f2b9d1e2f0f6d7e2e4f3f8fdb9f0f8e1"><span class="__cf_email__" data-cfemail="a7edd2d4d3cec9c289e1d2c0c6e7d2d4c3c8cd89c0c8d1">[email protected]</span></a>; <a href="/cdn-cgi/l/email-protection#55101a1c077b05273c2334362c7b1c3b21343e30152026313a3f7b323a23"><span class="__cf_email__" data-cfemail="dd9892948ff38dafb4abbcbea4f394b3a9bcb6b89da8aeb9b2b7f3bab2ab">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: EOIR is modifying this system of records,
Adjudication and Appeal Records of the Office of the Chief Immigration
Judge and Board of Immigration Appeals, JUSTICE/EOIR-001, to account
for changes in the character, format, and routine uses of records in
this system of records that have occurred since EOIR published the last
system of records notice (SORN) for it on May 11, 2004. To clarify the
scope of this system of records, EOIR is changing the title of this
system from ``Records and Management Information System'' to
``Adjudication and Appeal Records of the Office of the Chief
Immigration Judge and Board of Immigration Appeals.'' This new title is
intended to clarify that JUSTICE/EOIR-001 primarily pertains to a
subset of EOIR records used to process, track, and adjudicate
immigration proceedings before the Office of the Chief Immigration
Judge (OCIJ) and the Board of Immigration Appeals (Board).
EOIR is modifying this system of records to include electronic
records that are part of the record of proceedings in cases adjudicated
by OCIJ and the Board. Since 2018, OCIJ and the Board have generally
used two electronic case management systems, the Case Access System for
EOIR (CASE) and the EOIR Courts and Appeals System (ECAS), to generate,
process, and maintain the electronic records in this system of records.
CASE is an internal, web-based electronic case management system and
database of immigration case information for OCIJ and the Board,
designed to internally manage all aspects of an immigration proceeding
and serve as an official data repository for immigration case data.
ECAS is a suite of internal and public-facing, web-based applications
to manage electronic
[[Page 42266]]
notices, filings, exhibits, and other files in immigration proceedings
before EOIR's immigration courts and the Board. The immigration courts
and the Board primarily use ECAS to receive submissions of electronic
filings from the parties in immigration proceedings, maintain and store
the official electronic record of proceedings (eROP), and issue
notices, orders, and decisions.
EOIR is further consolidating this system of records with the
system of records entitled ``Decisions of the Board of Immigration
Appeals,'' JUSTICE/BIA-001, 48 FR 5331 (Feb. 4, 1983). The records in
both JUSTICE/EOIR-001 and JUSTICE/BIA-001 serve the same purposes, are
authorized by the same legal authorities, and have the same routine
uses. This modified SORN for JUSTICE/EOIR-001 will encompass all
records contained in JUSTICE/BIA-001, which will be rescinded.
EOIR is also modifying the routine uses for this system of records
to reflect EOIR's current information sharing practices. Specifically,
EOIR separated out the seven routine uses previously consolidated under
Routine Use A into individual routine uses, with modifications as
described below, and included new applicable routine uses for
disclosures to authorized entities, as determined to be relevant and
necessary, for purposes which are consistent and compatible with the
purpose for which the information was collected. For the reasons
discussed below, these new and modified routine uses satisfy the
compatibility requirement of the Privacy Act.
Routine Use 1 clarifies that EOIR may, at the immigration judge's
discretion, disseminate information to the Department of State for
comment on individual cases or types of claims under consideration by
an immigration judge, including advisory opinions regarding
applications for asylum, withholding of removal, or protection under
the Convention Against Torture, consistent with 8 CFR 1208.11.
Previously, this routine use was limited to sharing information with
Department of State to obtain advisory opinions on political asylum
applications only.
Routine Uses 2 and 6 relate to disclosures to the parties to the
proceedings before EOIR, namely the Department of Homeland Security
(DHS) and the representative or attorney for the individual in
immigration proceedings. Similarly, Routine Use 4 relates to
disclosures to Health and Human Services (HHS) as the custodian of some
individuals in immigration proceedings.
Routine Use 3 provides that information may be shared with other
Federal agencies, such as DHS, HHS, and the Social Security
Administration (SSA), as the administrators of federal benefits
programs to verify eligibility for benefits. The fact that an
individual is in proceedings before EOIR, and the outcome of such
proceedings, may constitute evidence necessary to determine eligibility
for certain federal benefits.
Routine Use 5 provides that EOIR may disseminate information to the
Administrative Office of the United States Courts (AOUSC) in connection
with judicial review of EOIR administrative decisions. The AOUSC is the
administrative headquarters and central support entity of the Federal
court system. EOIR's final administrative orders of removal may be
subject to judicial review, pursuant to 8 U.S.C. 1252, and in
connection with this review, EOIR shares certified copies of records in
this system with the AOUSC.
Routine Uses 7, 8, and 9 provide that EOIR may share: aggregate
statistical information with the U.S. Commission for International
Religious Freedom for the purpose of preparing a variety of reports
advising on the status of religious freedom abroad, see 22 U.S.C. 6412;
information with the United Nations High Commissioner for Refugees to
demonstrate compliance with the 1967 Protocol to the 1951 Refugee
Convention; and information with certain individuals in immigration
proceedings designated as ``leads'' and ``riders,'' where the
immigration relief for one individual may turn on the outcome of the
other's immigration proceeding and vice-versa.
The remaining routine uses were previously published in JUSTICE/
EOIR-001 or JUSTICE/BIA-001, with the addition of two new common
routine uses, one in litigation for the purpose of negotiation or
discussion of such matters as settlement, plea bargaining, or
information discovery proceedings, and the other for audits and
oversight.
Finally, EOIR claims that properly classified materials and
information in this modified system of records is exempt from 5 U.S.C.
552a(d) pursuant to 5 U.S.C. 552a(k)(1) and (k)(2). This modified SORN
will replace the two systems of records for which these exemptions were
originally claimed (JUSTICE/EOIR-001 and JUSTICE/BIA-001) and published
in the Federal Register at 28 CFR 16.83 and 16.84.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on this notice of a modified system of
records.
Dated: August 26, 2025.
Peter Winn,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/EOIR-001
SYSTEM NAME AND NUMBER:
Adjudication and Appeal Records of the Office of the Chief
Immigration Judge and Board of Immigration Appeals.
SECURITY CLASSIFICATION:
Not classified.
SYSTEM LOCATION:
Executive Office for Immigration Review, Department of Justice,
5107 Leesburg Pike, Suite 2600, Falls Church, Virginia 22041. The
system is also located in EOIR's immigration courts and adjudication
centers and the Board of Immigration Appeals (Board). EOIR's website,
<a href="http://www.usdoj.gov/eoir/">http://www.usdoj.gov/eoir/</a>, maintains a current address listing of all
EOIR immigration courts and adjudication centers. Electronic records
are maintained in EOIR's electronic case management systems, the Case
Access System for EOIR (CASE) and the EOIR Courts and Appeals System
(ECAS), and the records are stored in the DOJ EOIR Microsoft Azure
Cloud.
SYSTEM MANAGER(S):
Chief Immigration Judge, Executive Office for Immigration Review,
U.S. Department of Justice, 5107 Leesburg Pike, Suite 2500, Falls
Church, Virginia 22041.
Chief Appellate Immigration Judge, Executive Office for Immigration
Review, U.S. Department of Justice, 5107 Leesburg Pike, Suite 2000,
Falls Church, Virginia 22041.
Chief Information Officer, Office of Information Technology (OIT),
Executive Office for Immigration Review, Department of Justice, 4825
Mark Center Drive, Suite 200, Alexandria, VA 22311.
* * * * *
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authorities for the maintenance of this system of records
include: 8 U.S.C. 1101 et seq., 1103(g), 1158, 1159, 1154, 1229a, 1255,
1255a; 31 U.S.C. Ch. 33; 31 U.S.C. 3720; 44 U.S.C. 3101 and 3103; 8 CFR
parts 1001 and 1003; 8 CFR 103.7; 8 CFR 1103.7; 8 CFR 1240.9; 8 CFR
1292.1; 28 CFR 16.10; and 28 CFR part 68.
PURPOSE(S) OF THE SYSTEM:
Information in this system is primarily used to facilitate agency
adjudication processes for two of EOIR's adjudicating components: the
Office of
[[Page 42267]]
the Chief Immigration Judge (OCIJ) and the Board of Immigration Appeals
(Board). Information in this system serves as an official record of
immigration proceedings. EOIR employees use the information to
adjudicate cases; conduct appellate reviews; prepare, process and track
immigration proceedings; schedule and conduct administrative hearings;
prepare administrative orders and decisions; and generate statistical
reports.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains case-related information pertaining to
individuals in immigration proceedings and cases adjudicated by EOIR's
immigration courts and the Board, including certain individuals
previously or subsequently admitted for lawful permanent residence and
persons who have since become United States Citizens. The system also
includes information pertaining to: (1) EOIR personnel, such as
immigration judges (IJs), appellate immigration judges (AIJs), and
court staff; (2) other federal government personnel, such as the
Department of Homeland Security (DHS) attorney of record for the U.S.
Government; (3) the relatives, friends, family members, and associates
of individuals in immigration proceedings; and (4) individuals
representing persons in immigration proceedings, including attorneys
and accredited representatives practicing before the immigration courts
and the Board.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in this system include information
relating to:
(1) Matters before the immigration courts and the Board, including
but not limited to claims for relief from removal, such as asylum,
cancellation of removal, and adjustment of status, review of credible
fear and reasonable fear determinations, custody redetermination and
decisions from the review of DHS decisions regarding certain family-
based immigration petitions, waivers of inadmissibility for certain
nonimmigrants, and fines.
(2) Internal agency systems that track the physical locations of
paper Records of Proceedings (ROPs), create and maintain audio
recordings of in-person, telephonic, and virtual immigration
proceedings, and manage transcription and language interpreter services
providing data used in immigration proceedings.
(3) Registration information pertaining to practitioners seeking to
represent individuals in EOIR immigration proceedings.
(4) A payment function for members of the public who wish to
electronically pay filing fees for document filings providing data used
to allow for further processing of immigration proceedings.
Matters before the immigration courts and the Board are documented
in a paper or electronic ROP, which contains orders, decisions,
investigatory reports and materials compiled for the purpose of
enforcing immigration laws, exhibits, audio recordings and transcripts
of proceedings, and other case-related materials pertaining to
individuals in immigration proceedings. Case management data and
internal agency case processing actions are recorded in EOIR's
internal, web-based electronic case management system and database for
the immigration courts and the Board.
RECORD SOURCE CATEGORIES:
Department of Justice offices and employees, the Department of
Homeland Security, the Department of State, the Department of Health
and Human Services, and other Federal, State, local, and Tribal
government entities; and the parties to immigration proceedings, their
attorneys or representatives, witnesses or sponsors, and other
individuals authorized to file documents in proceedings before EOIR.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information may be disseminated as follows:
(1) To the Department of State, pursuant to a request from an
immigration judge per 8 CFR 1208.11, as necessary for the Department of
State to provide comments regarding individual cases or types of claims
under consideration, or other information the immigration judge deems
appropriate, including advisory opinions regarding applications for
asylum under 8 U.S.C. 1158, for withholding of removal under 8 U.S.C.
1231, for withholding or deferral of removal under the Convention
Against Torture as provided in 8 CFR 1208.16 and 1208.17, or for
withholding of deportation under former section 243(h) of the
Immigration and Nationality Act.
(2) To the Department of Homeland Security as one of the parties to
EOIR proceedings, as an entity affected by EOIR decisions, and as the
agency that enforces EOIR decisions.
(3) To Federal agencies, such as the Department of Homeland
Security, Department of Health and Human Services, and Social Security
Administration, as the administrators of federal benefits programs, as
necessary to verify an individual's eligibility for benefits.
(4) To the Department of Health and Human Services as the custodian
of some individuals in immigration proceedings.
(5) To the Administrative Office of the United States Courts for
the adjudication of a petition for review of a final administrative
decision; or in an appropriate proceeding before a court, grand jury,
or administrative or adjudicative body, when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding.
(6) To the representative or attorney of record for an individual
in immigration proceedings.
(7) To the U.S. Commission for International Religious Freedom as
necessary to perform its official mission pursuant to the International
Religious Freedom Act of 1998, as amended (22 U.S.C. 6401 et seq.).
(8) To the United Nations High Commissioner for Refugees, pursuant
to the U.S. accession to the 1967 Protocol to the 1951 Refugee
Convention, as necessary to satisfy U.S. responsibilities and reporting
obligations.
(9) To individuals designated as a ``lead'' in proceedings before
EOIR who submit a Form I-589, Application for Asylum and for
Withholding of Removal, identifying derivatives, such as a ``spouse''
as defined in 8 U.S.C. 1101(a)(35), or a ``child'' or ``children'' as
defined in 8 U.S.C. 1101(b)(1)(A), (B), (C), (D), or (E) (i.e.,
``riders''), EOIR may disclose copies of case files pertaining to the
``riders''; and to individuals designated as ``riders,'' EOIR may
disclose copies of case files pertaining to ``leads''; where the
disclosure is necessary as a matter of due process for the lead or
rider in their respective immigration proceedings, and the lead-rider
relationship has not been severed.
(10) To members of the public, in the case of Attorney General (AG)
decisions and selected Board decisions, designated as precedent
decisions pursuant to 8 CFR 103.10(b). These decisions are published
online to provide the public with guidance on the administrative
interpretation of the immigration laws and to facilitate open and
uniform adjudication of cases and are available on EOIR's website at
<a href="https://www.justice.gov/eoir/ag-bia-decisions">https://www.justice.gov/eoir/ag-bia-decisions</a>.
[[Page 42268]]
(11) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate Federal, State, local, territorial, Tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or with enforcing and implementing such law.
(12) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or information
discovery proceedings.
(13) To Federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
(14) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(15) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of the individual, who is the subject of the record.
(16) To the National Archives and Records Administration (NARA) in
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
(17) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, the Department (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
(18) To another Federal agency or Federal entity, when the
Department determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach, or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
(19) To any agency, organization, or individual, such as the
Government Accountability Office, the Department's Office of the
Inspector General, or the Office of Special Counsel, for the purpose of
performing authorized audit or oversight operations of EOIR, including
those related to fraud, waste, and abuse, and meeting related reporting
requirements.
(20) To such recipients and under such circumstances and procedures
as are mandated by Federal statute, regulation, or treaty.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Physical records are maintained in hard-copy, paper format in
secure filing cabinets, office spaces, and storage locations, including
Federal Records Centers. Electronic records and data are stored in
electronic media via a configuration of government servers. Stored
records are organized by the number of the alien registration
proceeding (A-number) or fine proceeding. The assigned case number for
the individual or carrier in a fine proceeding is called a ``fine
number''.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved from paper and electronic systems by A-
number, fine number, name, nationality, EOIR ID number, and/or Federal
Records Center (FRC) transfer number. Records may only be retrieved by
authorized DOJ personnel on a need-to-know basis.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with EOIR's Agency Records
Control Schedules. The records in EOIR's Case Access System for EOIR
(CASE), which contains immigration case information, including appeals,
contain identification and biographic data of noncitizens, testimony,
decisions rendered, important dates and actions in each proceeding, as
well as information about practitioners of record, and docket listings
of all documents filed in proceedings. Case records are designated as
permanent pursuant to EOIR-N1-60-08-7 (closed records are cut off
annually and transferred to the National Archive and Records
Administration (NARA) 25 years after cutoff).
ROPs are temporary records with a retention period of 50 years
after cutoff (DAA-0582-2024-0002); Bond Proceeding Files are temporary
records with a retention period of two to 20 years after cutoff (DAA-
0582-2014-0002; DAA-0582-2023-0001); Digital Audio Recordings (DAR) are
temporary records with a retention period of 25 years after cutoff (N1-
060-08-007), or eight years after cutoff if stored on a cassette tape
(NC1-085-81-03).
EOIR is in the process of drafting and obtaining NARA approval of
new records schedules, which may implement new retention periods for
both scheduled and unscheduled records in this system of records.
Unscheduled records will be retained until they are scheduled.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is maintained in accordance with
applicable laws, rules, and policies that protect individual privacy.
Servers storing electronic data and backup records stored on-site are
in locked rooms with access restricted to authorized agency personnel.
Backup records stored off-site are maintained in accordance with
applicable laws, rules, and policies. Internet connections are
protected by multiple firewalls. Security personnel conduct periodic
vulnerability scans using DOJ-approved software to ensure security
compliance, and security logs are enabled for all computers to assist
in troubleshooting and forensics analysis during incident
investigations. Users of individual computers can only gain access to
the data by authorized user identification and authentication
processes. Paper records are stored in secure locations accessible only
to those with a need to access the information. In addition, the
parties in immigration proceedings will be able to submit and access
information specifically related to their immigration proceedings using
EOIR's secure public-facing web-based applications.
RECORD ACCESS PROCEDURES:
Portions of this system may be exempt from disclosure pursuant to 5
U.S.C. 552a(k)(1) and (k)(2). All requests for access to records must
be made in writing and include a general description of the records
sought and information about the record subject, including but not
limited to, the record subject's full name, date of birth, place of
birth, and alien registration number (A-number), where applicable. See
28 CFR 16.41; 28 CFR part 16 Appendix I. If the A-number is not known,
or the case occurred before 1988, the date of an Order to Show Cause,
country of origin,
[[Page 42269]]
and location of the immigration hearing must be provided. See 28 CFR
part 16 Appendix I.
All requests for access to records may be submitted by mail to the
EOIR FOIA Service Center at 5107 Leesburg Pike, Suite 2600, Falls
Church, VA 22041, by email at <a href="/cdn-cgi/l/email-protection#71343e38235f373e38302314000414020502310402151e1b5f161e07"><span class="__cf_email__" data-cfemail="4a0f050318640c05030b182f3b3f2f393e390a3f392e2520642d253c">[email protected]</span></a>, or online
through the EOIR FOIA Public Access Link, available at <a href="https://foia.eoir.justice.gov/app/Home.aspx">https://foia.eoir.justice.gov/app/Home.aspx</a>. Additional information for
submitting requests to the FIOA Service Center can be found at <a href="https://www.justice.gov/eoir/foia-submit-a-request">https://www.justice.gov/eoir/foia-submit-a-request</a>.
Unrepresented individuals in proceedings before an immigration
court or the Board who have registered and received approval for an
account in the EOIR Respondent Access Portal may access a complete copy
of their own eROP through the portal, available at <a href="https://www.justice.gov/eoir/respondentaccess">https://www.justice.gov/eoir/respondentaccess</a>. Attorneys and Accredited
Representatives may access a client's eROP online through the EOIR
Court & Appeals System (ECAS) Case Portal. Attorneys for DHS may access
eROPs through the ECAS DHS Portal. Links to the ECAS Portals are
available at <a href="https://www.justice.gov/eoir/ECAS">https://www.justice.gov/eoir/ECAS</a>.
Requests for ROPs may also be made directly with the immigration
court or the Board by individuals for their own ROP, by individuals for
their minor children, or by attorneys or representatives of record.
Requests may be made by email, mail, or in person at the immigration
court where the last hearing was scheduled. Requests may be made by
email or mail to the Board if the case is pending before the Board.
Instructions for filing an ROP request can be found at <a href="https://www.justice.gov/eoir/ROPrequest">https://www.justice.gov/eoir/ROPrequest</a>.
Requests must be signed and either notarized or submitted under
penalty of perjury. Although no specific form is required, individuals
may use Form EOIR-59, Certification and Release of Records, available
at <a href="https://www.justice.gov/eoir/eoir-forms">https://www.justice.gov/eoir/eoir-forms</a>, or obtain forms for this
purpose from the FOIA/Privacy Act Mail Referral Unit, U.S. Department
of Justice, 950 Pennsylvania Avenue NW, Washington, DC 20530, or on the
Department of Justice website at <a href="http://www.justice.gov/oip/oip-request-html">http://www.justice.gov/oip/oip-request-html</a>. Individuals requesting records on behalf of a child or
client are required to provide additional information about themselves
and their relationship to the record subject.
More information regarding the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual
Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend information maintained in
the system should direct their requests to the EOIR Office of the
General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church, VA
22041, or through the Public Access Link, available at <a href="https://foia.eoir.justice.gov/app/Home.aspx">https://foia.eoir.justice.gov/app/Home.aspx</a>, stating clearly and concisely what
information is being contested, the reasons for contesting it, and the
proposed amendment to the information sought. Some information may be
exempt from the amendment provisions as described in the section below
entitled ``Exemptions Promulgated for the System.'' An individual who
is the subject of a record in this system may seek amendment of those
records that are not exempt. A determination of whether a record is
exempt from amendment will be made after a request is received.
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the ``RECORD ACCESS PROCEDURES''
paragraph, above. Individuals may also receive notice pursuant to 5
U.S.C. 552a(e)(3) when they register for an ECAS account, when they
access a web-based EOIR information system, or when they complete forms
and applications for relief in immigration court or before the Board.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General has exempted certain records of this system
from the access provisions of the Privacy Act (5 U.S.C. 552a(d)),
pursuant to 5 U.S.C. 552a(k)(1) and (k)(2)). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c), and (e) and have been published in the Federal Register and are
codified at 28 CFR 16.83(a) and (b).
* * * * *
HISTORY:
EOIR-001, Records and Management Information System, 69 FR 26179
(May 11, 2004), 72 FR 3410 (Jan. 25, 2007) (rescinded by 82 FR 24147),
82 FR 24147 (May 25, 2017).
BIA-001, Decisions of the Board of Immigration Appeals, 48 FR 5331
(Feb. 4, 1983); 66 FR 8425 (Jan. 31, 2001); 72 FR 3410 (Jan. 25, 2007)
(rescinded by 82 FR 24147); 82 FR 24147 (May 25, 2017).
[FR Doc. 2025-16644 Filed 8-28-25; 8:45 am]
BILLING CODE 4410-30-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.