← Back to the tracker

USCIS · Oversight and reporting · Request IRW-060

How the court declarations on compliance were prepared

This request asks for the data, queries, workpapers, records of which offices and cases were counted or left out, drafts, comments, and review and approval records behind the National Records Center Director's Fifth through Ninth declarations (sworn statements) in Nightingale v. USCIS, a federal lawsuit over USCIS delays in releasing immigration files. The declarations run from December 15, 2025 to June 15, 2026.

Why it matters
These declarations gave figures to a federal court. The records would show how those figures were built and what they include.
ClosedAppeal 4 business days to closure (6 calendar days)

Figures as of Oct 17, 2026. Check after Nov 16, 2026: if you are reading later than that, these figures may be out of date.

These figures are more than 30 days old. They may not reflect what has happened since Oct 17, 2026.

Timeline

  1. FiledSep 8, 2026
  2. ClosedSep 14, 2026
  3. Appeal filedSep 17, 2026 · Appeal IRW-060-AP · Pending decision

The closure and the appeal

Appeal IRW-060-AP · filed Sep 17, 2026 · Pending decision

Why USCIS closed the request

USCIS closed the request, claiming it was "unable to match the identity information you provided" with its records: the "subject of record's" A-number, date of birth, country of birth or parents' names.

What the rules say

USCIS's identity rules apply to requests for records about a person: the requester (6 C.F.R. 5.3(a)(3)) or someone else (6 C.F.R. 5.3(a)(4)). The identity details and signature the letter asked for come from the rule for people seeking their own records (6 C.F.R. 5.21(e)). This request asked for agency records about how USCIS works, not records about a person, so those rules do not apply to it.

Why it was appealed

The appeal argues that failing to match identity details does not show USCIS searched for the records actually requested, and asks USCIS to explain how its identity rules (6 C.F.R. 5.3(a)(3) and 5.21(e)) apply to those records. It asks USCIS to reopen the request without a new filing, keeping the original receipt date. It also supplied identity details, while not agreeing that they were required.

The closure and appeal sections summarize the letter and the appeal as filed. "What the rules say" is this site's explanation.

File this request too

Template T-64
For each declaration filed by the Director of the National Records Center in Nightingale v. USCIS, No. 3:19-cv-03512-WHO (N.D. Cal.), from the Fifth Declaration (ECF No. 192-1, December 15, 2025) through the Ninth Declaration (ECF No. 220-1, June 15, 2026): the data extracts, queries, reports, and workpapers used to generate the figures reported in each declaration; records identifying which office codes and case populations were included in and excluded from each reported figure; drafts and internal comments on each declaration; and records of the review, verification, and approval of the reported figures prior to signature.
How to file it