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#1 foolish

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Posted 24 December 2012 - 09:21 AM

What is the filing deadline to file a FOIA complaint in the district court from when the denial of appeal issues?

Is it 30 days or 60 days from when the denial letter is signed off on? If it's 30 days from when the letter is signed off on, may the time be tolled from when the letter is actually physically mailed instead of when the denial of appeal letter is queue approved and signed off on?

If the person filing the FOIA complaint can demonstrate that the letter shows it was signed off on one date, mailed 3 weeks later and recieved just days before the filing deadline. Where he could also prove that this delay in mailing the response at the last possible moment has occured twice in the immediate past. Would the court toll the three week delay in filing complaint within the filing deadline?

#2 Guest_FindLaw_Amir_*

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Posted 24 December 2012 - 09:52 AM

Have you visited the FOIA.GOV: Frequently Asked Questions?

#3 Tax_Counsel

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Posted 24 December 2012 - 01:22 PM

What is the filing deadline to file a FOIA complaint in the district court from when the denial of appeal issues?

Is it 30 days or 60 days from when the denial letter is signed off on?


There is no specific time limitation in FOIA itself. Thus the general federal statute of limitation of six years found in 28 U.S.C. § 2401(a) applies. More specifically, it is six years from the date that FOIA applicant constructively exhausted his/her administrative remedies. See Spannaus v. Department of Justice, 824 F.2d 52, 55-56 (D.C. Cir. 1987). Thus, the period starts to run from the date that the agency was required by statute to provide the response (20 days after it was received) to the applicant if no response was made in that time. If a response is made and an agency appeal filed, then the six years will start once the appeal process is concluded. Thus, unless it has been close to six years since you submitted the FOIA request, you shouldn’t have a problem here merely because the agency waited three weeks to mail out its appeal decision denying your FOIA request.

You will, of course, need to allege that the agency’s denial of the request was improper and state facts that support your contention in your court complaint.

#4 foolish

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Posted 30 December 2012 - 06:25 PM

Since two different federal agencies are involved I have a different question related to the same FOIA issue, does 8 C.F.R. section 103.10© continue to be in effect where ICE does not respond to the referral at all. ?

#5 Tax_Counsel

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Posted 31 December 2012 - 01:08 PM

Since two different federal agencies are involved I have a different question related to the same FOIA issue, does 8 C.F.R. section 103.10© continue to be in effect where ICE does not respond to the referral at all. ?


8 C.F.R. § 103.10( c) simply specifies when decisions of the Board of Immigration Appeals (BIA) should be referred to the Attorney General for review. It has no application to FOIA requests at all, and doesn't apply to ICE except to the extent that the Secretary and Attorney General may have designated some ICE official to refer case decisions to the Attorney General. Note, too, that the term decision in this regulation means decisions of immigration appeals heard by the Board. It has nothing to do with any FOIA appeal you make. Thus, I’m puzzled by your question — what relevance does it have to your FOIA request?

Also, what two agencies are involved in your FOIA request? I assume that one of them is DHS since you mention ICE. What is the other one?

#6 foolish

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Posted 31 December 2012 - 02:10 PM

8 C.F.R. § 103.10( c) simply specifies when decisions of the Board of Immigration Appeals (BIA) should be referred to the Attorney General for review. It has no application to FOIA requests at all, and doesn't apply to ICE except to the extent that the Secretary and Attorney General may have designated some ICE official to refer case decisions to the Attorney General. Note, too, that the term decision in this regulation means decisions of immigration appeals heard by the Board. It has nothing to do with any FOIA appeal you make. Thus, I’m puzzled by your question — what relevance does it have to your FOIA request?

Also, what two agencies are involved in your FOIA request? I assume that one of them is DHS since you mention ICE. What is the other one?


I am assumming that I am looking at an out dated version of 8 CFR 103.10. (http://law.justia.co...-1.0.1.2.6.html) is out dated, has been amended or completely repealed? If it has been repealed can I rely on 6. C.F.R § 5.6 Responses to requests. The other component is USCIS. ICE is the present one that five months after the documents were referred to them has not mailed an acknowledgement letter.

#7 Tax_Counsel

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Posted 31 December 2012 - 04:05 PM

I am assumming that I am looking at an out dated version of 8 CFR 103.10. (http://law.justia.co...-1.0.1.2.6.html) is out dated, has been amended or completely repealed?


Yes, those are old regulations, prior to the reorganization of of the government that created the Department of Homeland Security (DHS) and the shuffling of federal bureaus that occurred as a result. For current regulations, the best free source is the federal government itself, the electronic code of reglations (e-CFR) maintained by the Government Printing Office (GPO).

If it has been repealed can I rely on 6. C.F.R § 5.6 Responses to requests. The other component is USCIS. ICE is the present one that five months after the documents were referred to them has not mailed an acknowledgement letter.


Both ICE and USCIS are components of the same agency, DHS. Thus, the FOIA regulations for DHS found in 6 CFR §§ 5.1 through 5.12 apply to both those bureaus. You might want to follow-up with ICE to ensure it got the request and to see when it anticipates being able to respond to it.

#8 foolish

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Posted 31 December 2012 - 05:49 PM

Yes, those are old regulations, prior to the reorganization of of the government that created the Department of Homeland Security (DHS) and the shuffling of federal bureaus that occurred as a result. For current regulations, the best free source is the federal government itself, the electronic code of reglations (e-CFR) maintained by the Government Printing Office (GPO).



Both ICE and USCIS are components of the same agency, DHS. Thus, the FOIA regulations for DHS found in 6 CFR §§ 5.1 through 5.12 apply to both those bureaus. You might want to follow-up with ICE to ensure it got the request and to see when it anticipates being able to respond to it.



I was actually relying on 8 .C.F.R § 103.10 as the adopted and separate guideline for ICE to follow to get more information or support under FOIA. See: 6 C.F.R § 5.1(2). So then I could rely on Title 6 that are relevant to the issues in my FOIA request?

#9 Tax_Counsel

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Posted 31 December 2012 - 08:04 PM

I was actually relying on 8 .C.F.R § 103.10 as the adopted and separate guideline for ICE to follow to get more information or support under FOIA. See: 6 C.F.R § 5.1(2). So then I could rely on Title 6 that are relevant to the issues in my FOIA request?


The old regulations you were looking at were for the former Immigration and Naturalization Service (INS), which no longer exists. So far as I can tell, ICE has no separate FOIA regulations and thus the DHS FOIA regulations would apply.

#10 foolish

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Posted 31 December 2012 - 08:15 PM

The old regulations you were looking at were for the former Immigration and Naturalization Service (INS), which no longer exists. So far as I can tell, ICE has no separate FOIA regulations and thus the DHS FOIA regulations would apply.


Thank's, I just needed to make sure that I was on right page, it just did'nt read it. For the record, once I am stuck, and I see no other reasonable alternative, and just need some direction that's when I place my questions here. Have a great New Years. Appreciate your assistance.




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