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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: May 11, 2004 (Volume 69, Number 91)]
[Page 26179-26180]
From the Federal Register Online via GPO Access []

[[Page 26179]]



Executive Office for Immigration Review; AAG/A Order No. 007-
2004; Privacy Act of 1974; System of Records

    Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 
552a), notice is hereby given that the Executive Office for Immigration 
Review (EOIR), Department of Justice, proposes to modify ``Records and 
Management Information System (JUSTICE/EOIR-001),'' revisions last 
published on July 5, 2001 (66 FR 35458), full text last published 
October 10, 1995 (60 FR 52694).
    The modifications are based, in part, on a proposed rule, published 
December 30, 2003 (68 FR 75160) that would amend the regulations 
pertaining to appearances by attorneys and representatives before EOIR. 
The proposed rule would allow EOIR to collect, electronically, new 
information from attorneys and other Immigration practitioners as a 
condition of practicing before Immigration Judges and the Board of 
Immigration Appeals. This new information will consist of the birth 
date, the last four digits of the social security number, bar 
membership, as well as the electronic and mailing addresses, of these 
attorneys or representatives, for purposes of secure communications 
within an EOIR electronic case access and filing system.
    In addition, language changes have been made to clarify and 
simplify certain routine uses of the information in the system. Also, 
the address listed for EOIR is amended to reflect that the new location 
of the EOIR headquarters is 5107 Leesburg Pike, Suite 2600, Falls 
Church, Virginia 22041. Finally, the Appendix, EOIR-999, which 
previously listed EOIR field offices will be eliminated on the 
effective date of this notice. Instead, updated addresses for EOIR 
field offices may be located on the EOIR Web site at

    In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is 
given a 30-day period in which to comment on the system of records. The 
Office of Management and Budget (OMB), which has oversight 
responsibility under the Act, requires a 40-day period in which to 
conclude its review of the system. Therefore, please submit any 
comments by June 10, 2004. The public, OMB and the Congress are invited 
to submit any comments to Mary Cahill, Management Analyst, Management 
and Planning Staff, Justice Management Division, Department of Justice, 
Washington, DC 20530 (Room 1400, National Place Building).
    In accordance with 5 U.S.C. 552a(r) the Department has provided a 
report to OMB and the Congress.

    Dated: May 4, 2004.
Paul R. Corts,
Assistant Attorney General for Administration.

System name:
    Records and Management Information System (JUSTICE/EOIR-001).

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 field offices. The EOIR Web site,
, maintains a current address listing of all EOIR 

field offices.

Category of Individuals covered by the system:
    This system contains case-related information pertaining to aliens 
and alleged aliens brought into the immigration hearing process, 
including certain aliens previously or subsequently admitted for lawful 
permanent residence. The system also includes information pertaining to 
attorneys and representatives practicing before Immigration Judges and 
the Board of Immigration Appeals.

Categories of records in the system:
    This system includes the name, file number, address and nationality 
of aliens and alleged aliens, decision memoranda, investigatory reports 
and materials compiled for the purpose of enforcing immigration laws, 
exhibits, transcripts, and other case-related papers concerning aliens, 
alleged aliens or lawful permanent residents brought into the 
administrative adjudication process. The system also includes 
electronic records of the names, birth dates, last four (4) digits of 
social security number, bar membership, and addresses, including 
electronic addresses, of attorneys and representatives practicing 
before Immigration Judges, and the Board of Immigration Appeals.

Authority for Maintenance of the System:
    This system is established and maintained under the authority 
granted the Attorney General pursuant to 44 U.S.C. 3101 and 3103 and to 
fulfill the legislative mandate under 8 U.S.C. 1103, 1226 and 1252. 
Such authority has been delegated to EOIR by 8 CFR part 1003.

    Information in this system serves as the official record of 
immigration proceedings. EOIR employees use the information to prepare, 
process and track the proceedings. The information is further used to 
generate statistical reports and various documents, i.e., hearing 
calendars and administrative orders.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Information may be disseminated as follows:
    (A) To the Department of State; the Department of Homeland 
Security; the Department of Health and Human Services; federal courts; 
the alien or alleged alien's representative or attorney of record; and, 
to federal, state and local agencies. Information is disseminated to 
the Department of State, pursuant to 8 CFR 208.11, to allow its 
preparation of advisory opinions regarding applications for political 
asylum; to the Federal courts to enable their review of EOIR 
administrative decisions on appeal; and, to the representative or 
attorney of record to ensure fair representation. Information is 
disseminated to the Department of Homeland Security as one of the 
parties affected by EOIR decisions, and as the agency which enforces 
the EOIR decision on a case. Information is disseminated to the 
Department of Health and Human Services as the provider of benefits to 
qualified immigrants, as well as the custodian of some immigrants in 
immigration proceedings.
    (B) 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.
    (C) To the news media and the public pursuant to 28 CFR 50.2 unless 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.
    (D) To the National Archives and Records Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    (E) Where a record either on its face or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the

[[Page 26180]]

relevant records may be referred to the appropriate federal, state, 
local, foreign, or tribal, law enforcement authority or other 
appropriate agency charged with the responsibility of investigating or 
prosecuting such a violation or enforcing or implementing such law.
    (F) In an appropriate proceeding before a court, 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 holds the records to be relevant to the 
    (G) Relevant information contained in this system of records may 
also be released 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.
    (H) The Department of Justice may disclose relevant and necessary 
information to a former employee of the Department for purposes of: 
Responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.

Disclosure to Consumer Reporting Agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
    Records are maintained in file folders which are stored in file 
cabinets. A subset of the records is maintained on fixed disks or 
removable disk packs which are stored in file cabinets. All records are 
stored in secured EOIR office space.

    Manual records are indexed by alien file number. Automated records 
are retrievable by a variety of identifying data elements including, 
but not limited to, alien file number, alien name and nationality, and 
attorney's or representative's name and UserId.

    Information maintained in the system is safeguarded in accordance 
with Department of Justice rules and procedures. Record files are 
maintained in file cabinets accessible only to EOIR employees. 
Automated information is stored on either fixed disks or removable disk 
packs which are stored in cabinets. Only EOIR employees in possession 
of specific access codes and passwords will be able to generally access 
automated information. In addition, attorneys or authorized 
representatives will be able to access information specifically related 
to their case through the use of a secure UserId and password. All 
manual and automated records and mediums are located in EOIR office 
space accessible only to EOIR employees and locked during off-duty 

Retention and disposal:
    Record files are retained for six months after the final 
disposition of the case, then forwarded to regional Federal Records 
Centers. Automated records are maintained in EOIR field office data 
bases for ninety days after final disposition, then transferred to the 
host computer at EOIR headquarters and retained in accordance with the 
General Record Schedule filed with the National Archives and Records 

System manager(s) and addresses:
    General Counsel, Executive Office for Immigration Review, U.S. 
Department of Justice, 5107 Leesburg Pike, Suite 2600, Falls Church, 
Virginia 22041.

Notification procedure:
    Address all inquiries to the system manager listed above.

Record access procedures:
    Portions of this system are exempt from disclosure and contest by 5 
U.S.C. 522a (k)(1) and (k)(2). Make all request for access to those 
portions not so exempted by writing to the system manager identified 
above. Clearly mark the envelope and letter ``Privacy Access 
Requests'': provide the full name and notarized signature, or dated 
signature under penalty of perjury, of the individual who is the 
subject of the record, his/her date and place of birth, or any other 
identifying number or information which may assist in locating the 
record; and, a return address.

Contesting record procedures:
    Direct all requests to contest or amend information maintained to 
the system manager listed above. Provide the information required under 
``Record Access Procedure.'' State clearly and concisely what 
information is being contested, the reason for contesting it, and the 
proposed amendment to the information.

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 and local agencies; and 
the parties to immigration proceedings, their attorneys or 
representatives, and their witnesses.

Exemptions claimed 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 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).

[FR Doc. 04-10564 Filed 5-10-04; 8:45 am]