[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR103.8]



[Page 59]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents

 

Sec. 103.8  Definitions pertaining to availability of information 

under the Freedom of Information Act.



    Sections 103.8, 103.9, and 103.10 of this part comprise the Service 

regulations under the Freedom of Information Act, 5 U.S.C. 552. These 

regulations supplement those of the Department of Justice, 28 CFR part 

16, subpart A. As used in this part the following definitions shall 

apply:

    (a) The term access means providing a copy of the record requested 

or affording the opportunity for an in-person review of the original 

record or a copy thereof. The determination to permit an in-person 

review is discretionary and will only be made when specifically 

requested. Whenever providing in-person access will unreasonably disrupt 

the normal operations of an office, the requester may be sent a copy of 

the requested records that are nonexempt in lieu of the in-person 

review.

    (b) The term decision means a final written determination in a 

proceeding under the Act accompanied by a statement of reasons. Orders 

made by check marks, stamps, or brief endorsements which are not 

supported by a reasoned explanation, or those incorporating preprinted 

language on Service forms are not decisions.

    (c) The term records includes rec ords of proceedings, documents, 

reports, and other papers maintained by the Service.

    (d) The term record of proceeding is the official history of any 

hearing, examination, or proceeding before the Service, and in addition 

to the application, petition or other initiating document, includes the 

transcript of hearing or interview, exhibits, and any other evidence 

relied upon in the adjudication; papers filed in connection with the 

proceedings, including motions and briefs; the Service officer's 

determination; notice of appeal or certification; the Board or other 

appellate determination; motions to reconsider or reopen; and documents 

submitted in support of appeals, certifications, or motions.



[32 FR 9623, July 4, 1967, as amended at 40 FR 7236, Feb. 19, 1975; 52 

FR 2942, Jan. 29, 1987; 58 FR 31148, June 1, 1993]