28 CFR 16.84 : Judicial Administration (§ 0.1 To Parts 1101-1199) — (§ 0.1 To Appendix B To Subpart I Of Part 42) — Department Of Justice (§ 0.1 To Appendix B To Subpart I Of Part 42) — Production Or Disclosure Of Material Or Information (§ 16.1 To Appendix I To Part 16) — Exemption Of Records Systems Under The Privacy Act (§ 16.70 To § 16.136) — Exemption of Immigration Appeals System.

4 Aug 2016

(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.

28 CFR 16.84