28 CFR 16.84 - Exemption of Immigration Appeals System.

Code of Federal Regulations - Title 28: Judicial Administration (December 2005)


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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.

  (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/BIA001).

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.

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