Code of Federal Regulations (Last Updated: May 6, 2024) |
Title 28 - Judicial Administration |
Chapter I - Department of Justice |
Part 16 - Production or Disclosure of Material or Information |
Subpart E - Exemption of Records Systems Under the Privacy Act |
§ 16.84 - Exemption of Immigration Appeals System.
Latest version.
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§ 16.84 Exemption of Immigration Appeals System.
(a) The following system of records is exempt from 5 U.S.C. 552a(d) (2), (3) and (4):
(1) Decisions of the Board of Immigration Appeals (JUSTICE/BIA-001).
This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k).
(b) Exemptions from the particular subsections are justified for the following reasons:
(1) From subsections (d) (2), (3) and (4) because the decisions reflected constitute official records of opinions rendered in quasi-judicial proceedings. Administrative due process could not be achieved by the ex parte “correction” of such opinions by the subject of the opinion.