CJ10s & 10As (Immigration and Customs Enforcement)

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

2023-ICAP-00408

2023-ICFO-26206

Multi Request CJ10s & 10As
Est. Completion None
Status
Awaiting Appeal

Communications

From: Andrew Free

To Whom It May Concern:

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

All Forms CJ9, CJ9-A, CJ10, or CJ10-A sent from your agency to the Department of Justice, Bureau of Justice Statistics, in compliance with the Death in Custody Reporting Act since January 1, 2015.

We make this request on behalf of the #DetentionKills Transparency Initiative of Al Otro Lado.

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,

Andrew Free

From: Immigration and Customs Enforcement

06/01/2023Andrew FreeMuckRock News, DEPT MR145772Boston, Massachusetts 02115RE: ICE FOIA Case Number 2023-ICFO-26206 Dear Requester:This acknowledges receipt of your 5/15/2023, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for all Forms CJ9, CJ9-A, CJ10, or CJ10-A sent from your agency to the Department of Justice, Bureau of Justice Statistics, in compliance with the Death in Custody Reporting Act since January 1, 2015. Your request was received in this office on 5/15/2023.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’re able to narrow the scope of your request please contact our office. Narrowing the scope may speed up the search process. 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.If you have any questions, please contact FOIA Public Liaison, Fernando Pineiro Jr. at the address above or (866) 633-1182. 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.Your request has been assigned reference number 2023-ICFO-26206. Please use this number in future correspondence. Sincerely,ICE FOIA OfficeImmigration and Customs EnforcementFreedom of Information Act Office500 12th Street, S.W., Stop 5009Washington, D.C. 20536-5009
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

From: Andrew Free

We appeal the agency’s unlawfully delayed response, and request OPLA order ICE FOIA to respond in accordance with its obligations under the statute.

Andrew Free
#DetentionKills Transparency Initiative
Al Otro Lado

From: Immigration and Customs Enforcement

07/26/2023RE: ICE FOIA Case Number 2023-ICFO-26206 Dear Requester:ICE's final response to your FOIA request, 2023-ICFO-26206, for all Forms CJ9, CJ9-A, CJ10, or CJ10-A sent from your agency to the Department of Justice, Bureau of Justice Statistics, in compliance with the Death in Custody Reporting Act since January 1, 2015 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 OfficeImmigration and Customs EnforcementFreedom of Information Act Office500 12th Street, S.W., Stop 5009Washington, D.C. 20536-5009
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

From: Andrew Free

We appeal.

ICE’s FOIA Office is incorrect in contending the agency is not required to make death notifications to DOJ under the Death in Custody Reporting Act. According to BJA:

“Federal law enforcement agencies are likewise required under DCRA to report to the Attorney General “the death of any person who is detained, under arrest, or is in the process of being arrested by any officer of such Federal law enforcement agency (or by any State or local law enforcement officer while participating in and for purposes of a Federal law enforcement operation, task force, or any other Federal law enforcement capacity carried out by such Federal law enforcement agency); or (2) en route to be incarcerated or detained, or is incarcerated or detained at—(A) any facility (including any immigration or juvenile facility) pursuant to a contract with such Federal law enforcement agency;”
https://bja.ojp.gov/doc/DOJ-Implementation-of-DCRA-of-2013.pdf

If there is a different form ICE is using to comply with its DCRA obligations, please remand with instructions to release those forms.

Thank you,

Andrew Free

From: Immigration and Customs Enforcement

07/27/2023Andrew FreeMuckRock News, DEPT MR136588Boston, Massachusetts 02115RE: ICE FOIA Case Number 2023-ICAP-00408, 2023-ICFO-26206Dear Requester:The Department of Homeland Security has received your letter appealing the adverse determination of your Freedom of Information Act/Privacy Act (FOIA/PA) request by U.S. Immigration and Customs Enforcement. Your appeal, postmarked or electronically transmitted on 7/14/2023, was received on 7/26/2023.The Government Information Law Division acknowledges your appeal request of and is assigning it number 2023-ICAP-00408 for tracking purposes. Please reference this number in any future communications about your appeal.A high number of FOIA/PA requests have been received by the Department. Accordingly, we have adopted the court-sanctioned practice of generally handling backlogged appeals on a first-in, first-out basis. While we will make every effort to process your appeal on a timely basis, there may be some delay in resolving this matter. Should you have any questions concerning the processing of your appeal, please contact Fernando Pineiro Jr., ICE FOIA Office/Public Liaison at (866) 633-1182 or at 500 12th St., SW Washington, DC 20536-5009.Sincerely, Shiraz PanthakyChiefGovernment Information Law DivisionICE Office of the Principal Legal AdvisorU.S. Department of Homeland Security
This message (including any attachments) contains confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this message and any disclosure, copying, or distribution
of this message, or the taking of any action based on it, by you is strictly prohibited.
Deloitte refers to a Deloitte member firm, one of its related entities, or Deloitte Touche Tohmatsu Limited ("DTTL"). Each Deloitte member firm is a separate legal entity and a member of DTTL. DTTL does not provide services to clients. Please see www.deloitte.com/about
to learn more.
v.E.1

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