FOIA and Complaints About Judicial Conduct

Immigration judges are career civil-service employees in the Department of Justice’s executive office. The judges preside over matters such as deportation, exclusion, removal and rescission proceedings for non-citizens charged with immigration law violations. The American Immigration Lawyers Association submitted a request under the federal Freedom of Information Act (FOIA) for records about complaints filed against immigration judges. The Department of Justice disclosed thousands of pages of records, but redacted (1) information that disclosed the identity of individual judges, and (2) information that was determined to be non-responsive to the specific request regarding judicial conduct. The U.S. Court of Appeals for the District of Columbia found that the Department of Justice erred with respect to both categories of redactions. American Immigration Lawyers Association v. Executive Office for Immigration Review, 830 F.3d 667 (D.C. Cir. 2016). The Court concluded that the government’s across-the-board approach to redacting immigration judges’ names was improper and remanded the case for rehearing with a more particularized inquiry into the propriety of redacting individual judge’s names. With respect to redactions based on non-responsiveness, the Court found no basis in FOIA for such redactions. The government was without authority to redact information within the records on the basis of non-responsiveness when no statutory exemption shielded the information from disclosure.

Freedom of Information Act Decisions for 2009

The Department of Justice posts summaries of all FOIA decisions on a monthly basis.  Here is the post for April 2009. Here are earlier posts for March, February and January 2009.