CBP records Frank P. Cali

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

CBP-2019-085165

Due Oct. 11, 2019
Est. Completion None
Status
Awaiting Response

Communications

From: T. McElwee

To Whom It May Concern:

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

Any and all DHS/CBP records regarding Frank Paul Cali, an ex-con with a Wikipedia listed date of birth of March 26, 1965. Cali also used the name "Francesco Cali" and "Franky Boy Cali." Cali had the US Bureau of Prisons Registration Number 75768-053. Cali is widely reported to have died in March 2019 in New York City (see attached article from the NY Times). Records concerning Cali as a subject should thus be assumed free from FOIA Exemption 6, 7(C) and the Privacy Act.

In particular I request records of Cali in relation to an investigation or ongoing surveillance, as well as any records of personal travel including (not exclusively) any crossing of a border.

In addition, I request all DHS/CBP records for two known entities related to Cali, BONTEL USA CORP (also rendered as BONTEL U.S.A. CORP, dba. "Bontel") and GRUPPO PTGC OLEIFICIO USA CORPORATION (dba. GRUPPO FOODING), both known to be involved in international import/export business and subject to screening by CBP.

Please conduct a search of all systems of records for both main-file records and cross-reference records for all relevant names, agencies and companies. Particular systems of records of interest include (not exclusively):

• DHS/ALL-041 External Biometric Records (EBR)
• DHS/CBP-001 Import Information System (IIS)
• DHS/CBP-002 Global Enrollment System (GES)
• DHS/CBP-003 Credit/Debit Card Data System
• DHS/CBP-005 Advance Passenger Information System (APIS)
• DHS/CBP-006 Automated Targeting System (ATS)
• DHS/CBP-007 Border Crossing Information (BCI)
• DHS/CBP-008 Non-Federal Entity Data Systems (NEDS)
• DHS/CBP-009 Electronic System for Travel Authorization (ESTA)
• DHS/CBP-010 Persons Engaged in International Trade in Customs and Border Protection Licensed/Regulated Activities
• DHS/CBP-011 U.S. Customs and Border Protection TECS
• DHS/CBP-012 Closed Circuit Television System
• DHS/CBP-013 Seized Assets and Case Tracking System (SEACATS)
• DHS/CBP-016 Nonimmigrant Information System (NIIS)
• DHS/CBP-017 Analytical Framework for Intelligence (AFI)
• DHS/CBP-019 Air and Marine Operations Surveillance System (AMOSS)
• DHS/CBP-021 Arrival and Departure Information System (ADIS)
• DHS/CBP-023 Border Patrol Enforcement Records (BPER)
• DHS/CBP-024 Intelligence Records System (CIRS)
• DHS/USCIS/ICE/CBP-001 Alien File, Index, and National File Tracking System of Records.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that CBP has no other copies of said records.

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,

T. McElwee

  • Reputed20Gambino20Mob20Boss20Is20Shot20and20Killed20on20Staten20Island20-20The20New.pdf

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-2019-085165&type=request)

* Tracking Number: CBP-2019-085165
* Requester Name: T. McElwee
* Date Submitted: 09/16/2019
* Request Status: Submitted
* Description:
Please See attachment for description

From: United States Customs and Border Protection

T. McElwee
MuckRock News, DEPT MR 80360
411A Highland Ave
Somerville, MA, 02144
09/16/2019
CBP-2019-085165
Dear T. McElwee:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 09/16/2019.     Please use the following unique FOIA tracking number CBP-2019-085165 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)
Provisions of the Act allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations)
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request.  Consistent with 6 C.F.R. Part 5 § 5.5(a) of the DHS FOIA regulations, CBP processes FOIA requests according to their order of receipt.  Although CBP’s goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances pursuant to 6 C.F.R. Part 5 § 5.5(c).
CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests.  Currently, the average time to process a FOIA request related to "travel/border incidents" is a minimum of 3-6 months. We truly appreciate your continued patience.
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)
Sincerely,
U.S. Customs and Border Protection

From: United States Customs and Border Protection

CBP-2019-085165 has been processed with the following final disposition: Partial Grant/Partial Denial.
Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by [FOIAONLINE_HOME]. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor.

From: T. McElwee

I am appealing several 7e redactions to the document returned as "2019-085165_Redacted.pdf." These redactions obliterate whole sections of an IO95 form, including the field names. The IO95 form is a routine investigative tool whose fields are not, in themselves, privileged.

Further, I wish to challenge the redactions in full, because I do not believe there is a logical law enforcement rationale for withholding information on a referral for a dead person's secondary screening over 8 years ago. It is also reasonable to assert that this referral was likely a routine matter, which is not covered by 7E law enforcement method exemption.

Thank you for your previous timely responses and I await the result of this appeal.

-TM

From: United States Customs and Border Protection

The FOIA
appeal
- CBP-AP-2020-013655 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2020-013655
* Requester: T. McElwee
* Submitted Date: 11/19/2019
* Description:
I am appealing several 7e redactions

From: United States Customs and Border Protection

The FOIA
appeal
- CBP-AP-2020-013655 description has been modified. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2020-013655
* Requester: T. McElwee
* Submitted Date: 11/19/2019
* Description:
I am appealing several 7e redactions

From: United States Customs and Border Protection

Please log in to your FOIAOnline account to access the records and decision.

From: United States Customs and Border Protection

Dear T. McElwee <requests@muckrock.com>,
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From: United States Customs and Border Protection

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