Home > 1995 Privacy Act Documents > Privacy Act: [JUSTICE/BIA-001] Decisions of the Board of Immigration Appeals....Privacy Act: [JUSTICE/BIA-001] Decisions of the Board of Immigration Appeals....
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DEPARTMENT OF JUSTICE
OTHER JUSTICE DEPARTMENT AGENCIES
BOARD OF IMMIGRATION APPEALS
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DEPARTMENT OF JUSTICE
JUSTICE/BIA-001
System name: Decisions of the Board of Immigration Appeals.
System location:
5203 Leesburg Pike, Falls Church, Virginia 22041.
Categories of individuals covered by the system:
(a) Aliens, including those previously admitted for lawful permanent
residence, in deportation proceedings; (b) Aliens and alleged aliens
in exclusion proceedings; (c) Aliens seeking waivers of
inadmissibility; (d) Aliens in bond determination proceedings; (e)
Aliens in whose behalf a preference classification is sought.
Categories of records in the system:
This system of records consists of the formal orders and decisions of
the Board of Immigration Appeals, including the indices and logs
pertaining thereto.
Authority for maintenance of the system:
This system is established and maintained under the authority granted
the Attorney General by sections 103 and 292 of the Immigration and
Nationality Act, 8 U.S.C. 1103 and 1362. Such authority has been
delegated to the Board of Immigration Appeals by 8 CFR part 3.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
The Decisions of the Board of Immigration Appeals are disseminated to
the following categories of users for the purposes indicated:
(a) Parties appearing before the Board, (including the Immigration and
Naturalization Service), their attorneys or other representatives.
Purpose: Parties are entitled to the decision as a matter of due
process; and in accordance with the requirements of 8 CFR 3.1(g).
(b) Other lawyers, organizations recognized to appear before the
Immigration and Naturalization Service and their representatives.
Purpose: To permit these users to be informed of current case law and
general maintenance of open system of jurisprudence.
(c) Members of Congress. Purpose: Constituent inquires.
(d) General public. Purpose: Selected decisions, designated as
precedent decisions pursuant to 8 CFR are published in bound volumes
of Administrative Decisions Under Immigration and Nationality Laws of
the United States. These are published to provide the public with
guidance on the administrative interpretation of the immigration laws
and to facilitate open and uniform adjudication of cases.
Release of information to the news media:
Information permitted to be released to the news media and the public
pursuant to 28 CFR 50.2 may be made available from systems of records
maintained by the Department of Justice 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.
Release of information to Members of Congress.
Information contained in systems of records maintained by the
Department of Justice, not otherwise required to be released pursuant
to 5 U.S.C. 552, may be made available 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in the system is kept in typed form and stored in loose
leaf binders.
Retrievability:
Each decision is indexed by name and a numerical identifier.
Safeguards:
Information contained in the records is unclassified and intended for
wide dissemination. No specific safeguards to prevent unauthorized
disclosure are employed since no type of disclosure is presently
regarded as ``unauthorized''. Access to buildings in which records are
stored is controlled by guards provided by GSA.
Retention and disposal:
Records are retained indefinitely and are not disposed of.
System manager(s) and address:
Executive Assistant, Board of Immigration Appeals, Department of
Justice, Washington, DC 20530.
Notification procedure:
Same as the above.
Record access procedures:
Decisions of the Board of Immigration Appeals are available to anyone
upon request pursuant to 5 U.S.C. 552a(b)(2).
Contesting record procedures:
Decisions of the Board of Immigration Appeals constitute official
opinions and are not subject to correction or amendment except in
accordance with accepted standards of due process. Decisions have been
exempted from the correction provisions of 5 U.S.C. 552a(d).
Record source categories:
Sources of information contained in this system are provided primarily
by the record of proceedings forwarded by the Immigration and
Naturalization Service. Additionally, the person concerned and his
representative provide information.
Systems exempted from certain provisions of the act:
The Attorney General has exempted this system from subsection (d)(2),
(3) and (4) of the Privacy Act pursuant to 5 U.S.C. 552a(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.
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DEPARTMENT OF JUSTICE
JUSTICE/BIA-002
System name: Roster of Organizations and their Accredited
Representatives Recognized by the Board of Immigration Appeals.
System location: 5203 Leesburg Pike, Falls Church, Virginia 22041.
Categories of individuals covered by the system: (a) Persons associated
in an official capacity with a recognized organization; (b) Persons
who have applied for, have been granted or have been denied
accreditation as representatives of recognized organizations.
Categories of records in the system: This system consists of (a) a
roster of charitable, social service and similar organizations, and
of their accredited representatives; (b) applications and related
documents submitted by such organizations and their representatives
and (c) orders of the Board of Immigration Appeals granting or
denying recognition to such organizations and their representatives.
Recognized organizations and their accredited representatives are
authorized to practice before the Immigration and Naturalization
Service and Board of Immigration Appeals.
Authority for maintenance of the system: This system is established and
maintained under the authority granted the Attorney General by
sections 103 and 292 of the Immigration and Nationality Act, 8
U.S.C. 1103 and 1362. Such authority has been delegated to the Board
of Immigration Appeals by 8 CFR part 292.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: Copies of decisions granting
or denying applications for recognition and accreditation are sent
to (a) the organization seeking recognition and (b) the Immigration
and Naturalization Service.
Release of information to the news media: Information permitted to be
released to the news media and the public pursuant to 28 CFR 50.2 may
be made available from systems of records maintained by the Department
of Justice 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.
Release of information to Members of Congress. Information contained
in systems of records maintained by the Department of Justice, not
otherwise required to be released pursuant to 5 U.S.C. 552, may be
made available 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.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Information contained in the system is stored in file folders.
Retrievability: Information is retrieved by use of the name of the
organization or person accredited.
Safeguards: Information contained in this record system is unclassified.
Access to building in which records are stored is controlled by
guards provided by GSA. No specific safeguards are employed.
Retention and disposal: Records in this system are retained
indefinitely.
System manager(s) and address: Executive Assistant, Board of Immigration
Appeals, Department of Justice, Washington, DC 20530.
Notification procedure: Address inquiries to: Chairman, Board of
Immigration Appeals, Department of Justice, Washington, DC 20530.
Record access procedures: A request for access to a record from this
system shall be made in writing, with the envelope and letter
clearly marked ``Privacy Access Request.'' Include in the request(s)
the name of the organization which has sought, or has been granted
or denied recognition and the name of the individual who has sought
accreditation as a representative of such organization, or, where no
organization is concerned, the name of the individual who has sought
accreditation or recognition. The requester will provide a return
address for transmitting the information. Access requests will be
directed to the System Manager listed above.
Contesting record procedures: The procedures for contesting or amending
information contained in this system of records is governed by 8 CFR
part 292. The procedures require that organizations seeking
accreditation of their representatives be notified of adverse
information and be given an opportunity to rebut such information.
Record source categories: Sources of information contained in this
system are supplied by the organization seeking recognition,
individuals seeking accreditation, and reports supplied by the
Immigration and Naturalization Service.
Systems exempted from certain provisions of the act: None.
COMMUNITY RELATIONS SERVICE
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DEPARTMENT OF JUSTICE
JUSTICE/CRS-001
System name: Operational Data Information System.
System location: Community Relations Service, U.S. Department of
Justice, 550 11th Street NW, Washington, DC 20530.
Categories of individuals covered by the system: Conciliators and
Mediators of the Community Relations Service of the U.S. Department
of Justice.
Categories of records in the system: The file contains the names of CRS
employees, their case assignments, and the time allocated to each
assignment. In addition, information reflecting the current status
and handling of the case is included within the system.
Authority for maintenance of the system: The file is established to
effect the purposes of 42 U.S.C. 2000g-1, 2000g-3 (1970).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses: The file is used by CRS
personnel as a basis for preparing daily, weekly, and monthly
activity reports for internal management. It is also used by the
Administrative Office to prepare time efficiency analyses on CRS
personnel. In addition, the file will be consulted in order to
prepare budget requests and reports to the Associate Attorney
General, the Attorney General, and to Congress.
Release of Information to the News Media and the Public: Information
from the system of records may be made available to the news media and
the public, unless such release would violate 42 U.S.C. 2000g-2, or
would constitute an unwarranted invasion of personal privacy.
Release of Information to Members of Congress: Information contained
in the system, not otherwise required to be released pursuant to 5
U.S.C. 552, may be made available 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 unless such release would violate 42 U.S.C.
2000g-2.
Release of Information to the National Archives and Records
Administration: A record from the system of records may be disclosed
to the National Archives and Records Administration (NARA) for records
management inspections conducted under the authority of 44 U.S.C. 2904
and 2906, unless such disclosure would violate 42 U.S.C. 2000g-2.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Automated records are maintained on magnetic disk at the
Department of Justice Data Management Service.
Retrievability: Information is retrieved by a variety of key words
including, but not limited to, the name of the employee, geographic
location, and subject matter of the record.
Safeguards: Information maintained in the system is safeguarded and
protected in accordance with Department rules and procedures
governing the handling of computerized information. Only individuals
specifically authorized by the Director of CRS will have access to
the computer through a single terminal located in an office occupied
during the day and locked at night. Access to the information in the
system will be limited to those CRS employees whose official duties
require such information.
Retention and disposal: Records classified by the subject's name are
retained until 60 days after the record subject leaves the
employment of the Community Relations Service and are then deleted
from the system.
System manager(s) and address: Deputy Director, Community Relations
Service, U.S. Department of Justice, Todd Building, 550 11th Street
NW, Washington, DC 20530.
Notification procedure: Address inquiries to Office of Chief Counsel,
Community Relations Service, U.S. Department of Justice, 550 11th
Street NW, Washington, DC 20530.
Record access procedures: In all cases, requests for access to a record
shall be in writing, by mail or in person. If request for access is
made by mail, the envelope and letter shall be clearly marked
``Privacy Act Request.'' The requester shall include a description
of the record requested and, if known, the case file number(s). To
identify a record relating to an individual, the requester must
provide the individual's full name, date and place of birth,
employee identification number, and date of employment and duty
assignment station(s) while employed by the Community Relations
Service.
Contesting record procedures: Any individual desiring to contest or
amend information maintained in the system should direct his or her
request to the Deputy Director, Community Relations Service, U.S.
Department of Justice, Todd Building, 550 11th Street NW,
Washington, DC 20530. The request should state clearly what
information is being contested, the reason for contesting, and the
proposed amendment to the information.
Record source categories: The records are prepared by the conciliator/
mediator or, in exceptional cases, by his or her supervisor.
Systems exempted from certain provisions of the act: None.
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DEPARTMENT OF JUSTICE
CRIMINAL DIVISION
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DEPARTMENT OF JUSTICE
JUSTICE/CRM-001
System name: Central Criminal Division Index File and Associated
Records.
System location:
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