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New York Legal Assistance Group v. Board of Immigration Appeals

987 F.3d 207 (2021)

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New York Legal Assistance Group v. Board of Immigration Appeals

United States Court of Appeals for the Second Circuit
987 F.3d 207 (2021)

Facts

The Board of Immigration Appeals (BIA) (defendant) issued most of its final decisions as unpublished opinions. The BIA, immigration judges, and lawyers representing the government often cited such unpublished opinions in immigration proceedings. However, because the opinions were unpublished, they were not publicly available, meaning that lawyers representing immigrants in those proceedings were not similarly able to cite the opinions when making arguments. The New York Legal Assistance Group (NYLAG) (plaintiff), an organization representing low-income clients in immigration proceedings, desired access to the opinions. NYLAG sued the BIA, arguing that the BIA was violating its obligation under the Freedom of Information Act (FOIA) to make final opinions and orders in the adjudication of cases electronically available for inspection. NYLAG sought an order requiring the BIA to make its unpublished opinions publicly accessible. The district court dismissed NYLAG’s complaint, reasoning that FOIA’s remedial provision allowed courts to order the disclosure of information only to a specific complainant, not to the public as a whole. NYLAG appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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