CBP Morgan Iranian Detention

Jimmy Tobias filed this request with the United States Customs and Border Protection of the United States of America.
Tracking #

CBP-2020-024934, CBP-OC-2020-024934

CBP-2020-024934

Status
Completed

Communications

From: Jimmy Tobias

To Whom It May Concern:

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

Any written or electronic communications, including email attachments and text messages, sent or received by Acting Commissioner Mark Morgan that contains one or more of the following words or phrases: "Iran", "Iranians", "Iranian-Americans", "Jayapal", and/or "IRGC". This request also applies to Mr. Morgan's secretaries/executive assistants. This request seeks records produced between January 2, 2020 until the date this request is processed.

This request also seeks any records in the possession of Mr. Morgan or his immediate staff that relate to CBP's decision to stop and question numerous Iranians and Iranian-Americans at any U.S. Port of Entry in Blaine Sector after they returned from a concert in Canada on the evening of January 4, 2020. You can read more about that incident here: https://www.buzzfeednews.com/article/adolfoflores/us-citizens-from-iran-were-stopped-and-questioned-at-the-us

I am a reporter for The Guardian and the Nation, and request a fee waiver.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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,

Jimmy Tobias

From: United States Customs and Border Protection

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2020-024934&type=request)

* Tracking Number: CBP-2020-024934
* Requester Name: Jimmy Tobias
* Date Submitted: 01/10/2020
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

Any written or electronic communications, including email attachments and text messages, sent or received by Acting Commissioner Mark Morgan that contains one or more of the following words or phrases: "Iran", "Iranians", "Iranian-Americans", "Jayapal", and/or "IRGC". This request also applies to Mr. Morgan's secretaries/executive assistants. This request seeks records produced between January 2, 2020 until the date this request is processed.

This request also seeks any records in the possession of Mr. Morgan or his immediate staff that relate to CBP's decision to stop and question numerous Iranians and Iranian-Americans at any U.S. Port of Entry in Blaine Sector after they returned from a concert in Canada on the evening of January 4, 2020. You can read more about that incident here: https://www.buzzfeednews.com/article/adolfoflores/us-citizens-from-iran-were-stopped-and-questioned-at-the-us

I am a reporter for The Guardian and the Nation, and request a fee waiver.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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,

Jimmy Tobias

From: United States Customs and Border Protection

Please see the attached correspondence.

From: United States Customs and Border Protection

The FOIA request CBP-2020-024934 has had its Tracking Number changed to CBP-OC-2020-024934. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:

* Old Tracking Number:
CBP-2020-024934
* New Tracking Number:
CBP-OC-2020-024934
* Requester Name:
Jimmy Tobias
* Date Submitted:
01/10/2020
* Long Description:
To Whom It May Concern:

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

Any written or electronic communications, including email attachments and text messages, sent or received by Acting Commissioner Mark Morgan that contains one or more of the following words or phrases: "Iran", "Iranians", "Iranian-Americans", "Jayapal", and/or "IRGC". This request also applies to Mr. Morgan's secretaries/executive assistants. This request seeks records produced between January 2, 2020 until the date this request is processed.

This request also seeks any records in the possession of Mr. Morgan or his immediate staff that relate to CBP's decision to stop and question numerous Iranians and Iranian-Americans at any U.S. Port of Entry in Blaine Sector after they returned from a concert in Canada on the evening of January 4, 2020. You can read more about that incident here: https://www.buzzfeednews.com/article/adolfoflores/us-citizens-from-iran-were-stopped-and-questioned-at-the-us

I am a reporter for The Guardian and the Nation, and request a fee waiver.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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,

Jimmy Tobias

From: United States Customs and Border Protection

The FOIA request CBP-OC-2020-024934 has had its Tracking Number changed to CBP-2020-024934. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:

* Old Tracking Number:
CBP-OC-2020-024934
* New Tracking Number:
CBP-2020-024934
* Requester Name:
Jimmy Tobias
* Date Submitted:
01/10/2020
* Long Description:
To Whom It May Concern:

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

Any written or electronic communications, including email attachments and text messages, sent or received by Acting Commissioner Mark Morgan that contains one or more of the following words or phrases: "Iran", "Iranians", "Iranian-Americans", "Jayapal", and/or "IRGC". This request also applies to Mr. Morgan's secretaries/executive assistants. This request seeks records produced between January 2, 2020 until the date this request is processed.

This request also seeks any records in the possession of Mr. Morgan or his immediate staff that relate to CBP's decision to stop and question numerous Iranians and Iranian-Americans at any U.S. Port of Entry in Blaine Sector after they returned from a concert in Canada on the evening of January 4, 2020. You can read more about that incident here: https://www.buzzfeednews.com/article/adolfoflores/us-citizens-from-iran-were-stopped-and-questioned-at-the-us

I am a reporter for The Guardian and the Nation, and request a fee waiver.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

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,

Jimmy Tobias

From: United States Customs and Border Protection

Your request for Fee Waiver for the FOIA request CBP-2020-024934 has been
fully granted.
* Fee Waiver Original Justification:
I am a reporter for The Guardian and the Nation, and request a fee waiver.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
* Fee Waiver Disposition Reason:
N/A

From: United States Customs and Border Protection

Jimmy Tobias
N/A
MuckRock News DEPT MR 85192
411A Highland Ave
Somerville, MA, 02144

01/15/2021

CBP-2020-024934

Dear Mr. Tobias,

This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP), submitted October 14, 2020, requesting all records related to the investigation that formed the basis for CBP’s assertion of FOIA Exemption (b)(7)(A) to deny disclosure of documents in connection with FOIA File No. CBP-2020-028237
CBP has determined that 147 pages are partially releasable pursuant to Title 5 U.S.C. § 552 (b)(5), (b)(6), (b)(7)(C) and (b)(7)(E). Enclosed are 147 pages with certain information withheld. A description of the exemptions applied can be found at
https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitions-exemptionsfoia_
0.pdf.

This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison,
Charlyse Hoskins, by sending an email via your FOIAonline account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency’s FOIA process. Please notate file number CBP-2020-024934 on any future correspondence to CBP related to this request.

For your information, Congress excluded three discrete categories of law enforcement and
national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

If you are not satisfied with the response to this request, you have a right to appeal the final
disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R.§5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request. If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229- 1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS  regulations are available at www.dhs.gov/foia. Additional information can be found at the following link https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitionsexemptions-foia_0.pdf.

Additionally, you have a 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. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.

Sincerely,

U.S. Customs and Border Protection

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