ICE 1509 summons -- Argentina correspondence, June 2014

Shawn Musgrave filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking #

2018-ICFO-35213

Status
Completed

Communications

From: Shawn Musgrave

To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

- All correspondence between Twitter or their attorney(s) and any ICE employee(s) — including but not limited to then-HSI Special Agent Dwayne Vanatta and FSN Criminal Investigator Marcelo O. Di Fresco — with regard to the attached 1509 summons sent to Twitter in June 2014.

- All correspondence to or from any ICE employee(s) — including but not limited to Mr. Vanatta and Mr. Di Fresco — with regard to the attached 1509 summons, including but not limited to: government officials in Argentina and Buenos Aires; staff at the U.S. embassy in Buenos Aires; staff at other U.S. government agencies; and members of the press in Argentina.

As I am a professional reporter who has covered ICE, DHS, and even the use of the 1509 summons itself, I assert that I am appropriately categorized as a "media requester" for the purpose of fees. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Shawn Musgrave

From: Immigration and Customs Enforcement

May 11, 2018 SHAWN MUSGRAVE MUCKROCK DEPT MR 53607 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-35213 Dear Mr. MUSGRAVE: This acknowledges receipt of your May 10, 2018, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for - All correspondence between Twitter or their attorney(s) and any ICE employee(s) — including but not limited to then-HSI Special Agent Dwayne Vanatta and FSN Criminal Investigator Marcelo O. Di Fresco — with regard to the attached 1509 summons sent to Twitter in June 2014.- All correspondence to or from any ICE employee(s) — including but not limited to Mr. Vanatta and Mr. Di Fresco — with regard to the attached 1509 summons, including but not limited to: government officials in Argentina and Buenos Aires; staff at the U.S. embassy in Buenos Aires; staff at other U.S. government agencies; and members of the press in Argentina.  Your request was received in this office on May 10, 2018. After careful review of your FOIA request, we determined that your request is too broad in scope, did not specifically identify the records which you are seeking, or only posed questions to the agency.  Records must be described in reasonably sufficient detail to enable government employees who are familiar with the subject area to locate records without placing an unreasonable burden upon the agency.  For this reason, §5.3(b) of the DHS regulations, 6 C.F.R. Part 5, require that you describe the records you are seeking with as much information as possible to ensure that our search can locate them with a reasonable amount of effort.  Whenever possible, a request should include specific information about each record sought, such as the date, title or name, author, recipients, and subject matter of the records, if known, or the ICE program office you believe created and/or controls the record. The FOIA does not require an agency to create new records, answer questions posed by requesters, or attempt to interpret a request that does not identify specific records. Please resubmit your request containing a reasonable description of the records you are seeking.  Upon receipt of a perfected request, you will be advised as to the status of your request. If we do not hear from you within 30 days from the date of this letter, we will assume you are no longer interested in this FOIA request, and the case will be administratively closed.  Please be advised that this action is not a denial of your request and will not preclude you from filing other requests in the future. Your request has been assigned reference number 2018-ICFO-35213. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2017-ICFO-XXXXX or 2018-ICFO- (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status XXXXX tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Shawn Musgrave

Hello -

Please proceed in processing this request as submitted.

In my initial request dated May 10, 2018, I included plenty of "specific information," including:

-Names of several officials, who are listed as both potential authors and recipients
-Subject matter of the records

Furthermore, I even attached a specific 1509 summons. If this is not specific enough to allow the ICE FOIA team to conduct a reasonable search, I am unclear what might be sufficient.

If you are unclear as to timeframe, please search for the indicated records within the following timeframe: June 1, 2014 until the day this request is processed.

If your office lacks clarity on the specifics of my request, please respond accordingly. Otherwise I will appeal for constructive denial.

Respectfully,
Shawn Musgrave

From: Shawn Musgrave

Hello -

Following up on this.

Best,
Shawn

From: Immigration and Customs Enforcement

May 17, 2018 SHAWN MUSGRAVE MUCKROCK DEPT MR 53607 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-35213 Dear Mr. MUSGRAVE: This acknowledges receipt of your May 10, 2018, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for - All correspondence between Twitter or their attorney(s) and any ICE employee(s) — including but not limited to then-HSI Special Agent Dwayne Vanatta and FSN Criminal Investigator Marcelo O. Di Fresco — with regard to the attached 1509 summons sent to Twitter in June 2014.- All correspondence to or from any ICE employee(s) — including but not limited to Mr. Vanatta and Mr. Di Fresco — with regard to the attached 1509 summons, including but not limited to: government officials in Argentina and Buenos Aires; staff at the U.S. embassy in Buenos Aires; staff at other U.S. government agencies; and members of the press in Argentina.  Your request was received in this office on May 10, 2018. Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request. Per Section 5.5(a) of the DHS FOIA regulations, 6 C.F.R. Part 5, ICE processes FOIA requests according to their order of receipt. Although ICE’s goal is to respond within 20 business days of receipt of your request, the FOIA does permit a 10- day extension of this time period. As your request seeks numerous documents that will necessitate a thorough and wide-ranging search, ICE will invoke a 10-day extension for your request, as allowed by Title 5 U.S.C. § 552(a)(6)(B). If you care to narrow the scope of your request, please contact our office. We will make every effort to comply with your request in a timely manner. Provisions of the FOIA allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS Interim FOIA regulations, as they apply to media requesters.  As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free.  We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have queried the appropriate program offices within ICE for responsive records. If any responsive records are located, they will be reviewed for determination of releasability. Please be assured that one of the processors in our office will respond to your request as expeditiously as possible. We appreciate your patience as we proceed with your request.
Your request has been assigned reference number 2018-ICFO-35213. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2017-ICFO-XXXXX or 2018-ICFO-XXXXX tracking number. If you need any further assistance or would like to discuss any aspect of your request, please contact the FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call toll free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. Additionally, you have a right to right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation. If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974. You may contact OGIS as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status
Regards,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at
www.ice.gov/foia

From: Immigration and Customs Enforcement

June 23, 2018 SHAWN MUSGRAVE MUCKROCK DEPT MR 53607 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-35213 Dear Mr. MUSGRAVE: This responds to your June 18, 2018 letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated May 10, 2018 , and received in this office on May 10, 2018 .  Your request sought - All correspondence between Twitter or their attorney(s) and any ICE employee(s) — including but not limited to then-HSI Special Agent Dwayne Vanatta and FSN Criminal Investigator Marcelo O. Di Fresco — with regard to the attached 1509 summons sent to Twitter in June 2014.- All correspondence to or from any ICE employee(s) — including but not limited to Mr. Vanatta and Mr. Di Fresco — with regard to the attached 1509 summons, including but not limited to: government officials in Argentina and Buenos Aires; staff at the U.S. embassy in Buenos Aires; staff at other U.S. government agencies; and members of the press in Argentina By letter dated, May 17, 2018, we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request.  Requests are processed in chronological order based on the date we received a perfected request.  There are currently [insert number of cases in queue in front of this request] open requests ahead of yours. For your information, document(s) responsive to your request have been located and forwarded to this office for review.  We will process your request as expeditiously as possible.  Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date.  We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Your request has been assigned reference number 2018-ICFO-35213. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2015-ICFO-XXXX or (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status 2016 -ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Immigration and Customs Enforcement

Good evening, In regards to 2018-ICFO-35213, document(s) responsive to your request have been located and forwarded to this office for review.  We will process your request as expeditiously as possible.  Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date.  We sincerely apologize for the delay you are experiencing and appreciate your continued patience. Sincerely, ICE FOIA

From: Immigration and Customs Enforcement

Good afternoon,

Your request is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents received.
We do apologize for the inconvenience and thank you for your patience.

Sincerely,
ICE/FOIA

From: Immigration and Customs Enforcement

February 11, 2019 SHAWN MUSGRAVE MUCKROCK DEPT MR 53607 411A HIGHLAND AVE SOMERVILLE, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-35213 Dear Mr. MUSGRAVE: This responds to your January 30, 2019, letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated May 10, 2018 , and received in this office on May 10, 2018 .  Your request sought - All correspondence between Twitter or their attorney(s) and any ICE employee(s) — including but not limited to then-HSI Special Agent Dwayne Vanatta and FSN Criminal Investigator Marcelo O. Di Fresco — with regard to the attached 1509 summons sent to Twitter in June 2014.- All correspondence to or from any ICE employee(s) — including but not limited to Mr. Vanatta and Mr. Di Fresco — with regard to the attached 1509 summons, including but not limited to: government officials in Argentina and Buenos Aires; staff at the U.S. embassy in Buenos Aires; staff at other U.S. government agencies; and members of the press in Argentina By letter dated, September 5, 2018, we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request.  Requests are processed in chronological order based on the date we received a perfected request.  There are currently [insert number of cases in queue in front of this request] open requests ahead of yours. For your information, document(s) responsive to your request have been located and forwarded to this office for review.  We will process your request as expeditiously as possible.  Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date.  We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Your request has been assigned reference number 2018-ICFO-35213. Please refer to this identifier in any future correspondence. To check the status of an ICE FOIA/PA request, please visit . Please note that to check the status of a request, you must enter the 2015-ICFO-XXXX or (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status 2016 -ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009

Sincerely,

ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
Telephone: 1-866-633-1182
Visit our FOIA website at www.ice.gov/foia

From: Immigration and Customs Enforcement

Good evening,

In regards to 2018-ICFO-35213, document(s) responsive to your request have been located and forwarded to this office for review. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.

Sincerely,
ICE FOIA

From: Immigration and Customs Enforcement

Good morning,
Responsive to your request have been located and forwarded to this office for review. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.

Thank you,
Ice Foia

From: Immigration and Customs Enforcement

Good morning,

In regards to your request 2018-ICFO-35213, it is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents received. Thank you for your continued patience.

Sincerely,
ICE/FOIA

From: Immigration and Customs Enforcement

Mr. MUSGRAVE,

ICE's final response to your FOIA request, 2018-ICFO-35213, for - All correspondence between Twitter or their attorney(s) and any ICE employee(s) — including but not limited to then-HSI Special Agent Dwayne Vanatta and FSN Criminal Investigator Marcelo O. Di Fresco — with regard to the attached 1509 summons sent to Twitter in June 2014.- All correspondence to or from any ICE employee(s) — including but not limited to Mr. Vanatta and Mr. Di Fresco — with regard to the attached 1509 summons, including but not limited to: government officials in Argentina and Buenos Aires; staff at the U.S. embassy in Buenos Aires; staff at other U.S. government agencies; and members of the press in Argentina is attached.

Please note that the attachment may be password protected. If you are prompted to enter a password when opening the attachment and you did not receive a password it may be in your junk/spam folder.

Sincerely,
ICE FOIA

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