In November 2012, the American Immigration Lawyers Association (AILA), a national association of attorneys and law professors who practice and teach immigration law, submitted a Freedom of Information Act (FOIA) request to the Executive Office for Immigration Review (EOIR). AILA sought access to complaints against immigration judges, records relating to the resolution of those complaints, and an index of those requested records that constitute final opinions and orders made in the adjudication of the complaints. EOIR refused to release the requested records and failed to publish electronically, as required by FOIA, those requested records that constitute final opinions and orders made in the adjudication of complaints.
Acting as counsel for AILA, Public Citizen filed suit to compel the disclosure of the requested records and the publication of complaint resolutions because they constitute final opinions and orders. After litigation ensued, the government began producing documents with redactions. However, AILA challenged in litigation the government’s refusal to disclose based on FOIA Exemption 6 the names and certain identifying information about immigration judges who are the subject of complaints and the government’s refusal to publish complaint resolutions. AILA also challenged the government’s redaction of information that the government deemed “non-responsive” from otherwise responsive records. The district court granted summary judgment to the government on the Exemption 6 claim and the affirmative publication claim. It granted in part and denied in part AILA’s claim with respect to disclosure of redactions marked as “non-responsive.”
AILA filed a pending appeal to the D.C. Circuit.