Detainee Death Reports - 2016

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

2018-ICFO-03113

Est. Completion None
Status
Partially Completed

Communications

From: Robin Urevich

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

Detainee death reports in the following cases:
1)Saul Enrique Banegas-Guzman of Honduras who died 1-22-16 Banegas - Guzman had been detained at the Jena LaSalle Detention Facility in Louisiana. HIs date of birth is May 27, 1969.
2) Thongchay Saengsiri of Laos who passed away March 17, 2016 while detained at the Jena LaSalle Detention Facility. Saengsiri's birth date is August 6, 1950.
3) Rafael Barcenas Padilla of Mexico who died April 7, 2016. Barcenas was detained at the Otero County Processing Center in New Mexico. His date of birth is October 24, 1965.
4) Leonardo Lemus Rajo Jose of El Salvador, who died April 28, 2016. Lemus died at the Columbia Kendall Hospital in Florida after having been detained at the Krome Detention Center. His date of birth is 11-6-92.
5) Igor Zyazin, of Russia, who died May 1, 2016 while detained at the Otay Mesa Detention Center in San Diego. His date of birth is 5-27-69
6) Juan Luis Boch Paniagua of Guatemala. Boch died June 1, 2016 while detained at the Jena LaSalle Detention Facility. His date of birth is 9-7-79
7) Luis Alonso Fino Martinez of Honduras who died while detained at the Essex County Correctional Facility in New Jersey. His date of birth is 4-29-62
8) Santo Carela of the Dominican Republic. Carela died July 28, 2016 while detained at the Orange County Jail in New York. His date of birth is 3-30-56
9) Moises Tino Lopez of Guatemala. Tino died 9-27-16 while detained at the Hall County Department of Corrections in Nebraska. His date of birth is 10-2-92
10) Olubunmi Joshua Toyin of the United Kingdom who died 10-24-16 while detained at the Rolling Plains Detention Center in Texas. Her date of birth is 6-1-62
11) Wenceslau Esmerio Campos of Brazil. Campos died 11-25-16 while detained at the South Texas Detention Complex. His date of birth is 9-3-67
12) Raquel Calderon de Hidalgo of Guatemala . Calderon died while detained at the Eloy Federal Contract Facility in Arizona. Her date of birth is 1-20-80
13) Roger Rayson of Jamaica who died 3-13-17 while detained at the Jena LaSalle Detention Facility. Rayson's date of birth is 5-3-69
14) Osmar Epiifanio Gonzalez Gadba of Nicaragua who died 3-28-17 while detained at the Adelanto Detention Facility in California. His birth date is 4-10-84
15) Sergio Alonso Lopez of Mexico who died 4-13-17 while detained at the Adelanto Detention Facility. His birth date is 1-9-62
16) Jean Carlos Alfonso Jiminez Joseph of Panama who died 5-15-17 while detained at the Stewart Detention Center in Georgia. His birth date is 4-20-90
17) Atulkumar Babubhai Patel of India who died 5-16-17 while detained at the Atlanta City Detention Center in Georgia. His birth date is 12-31-58
18) Vicente Cáceres Maradiaga of Honduras who died 5-31-17 while detained at the Adelanto Detention Facility. His date of birth is 10-27-70

Please provide the information on a rolling basis by sending documents when they become available.

I am requesting a waiver of all fees under 5 U.S.C. Section 552(a)(4)(A)(iii). The information I seek is in the public interest because it will contribute significantly to public understanding of the operations or activities of the government and is not primarily in my commercial interest. This request is not a commercial request -- it is being made by an award-winning media organization.
I believe I meet the criteria for a fee waiver recognized by the U.S. Justice Department - and by the federal courts, See Project on Military Procurement v. Department of the Navy, 710 F. Supp. 362 363, 365 (D.C.D. 1989).
My request concerns the operations or activities of government because the records relate to the enforcement of antitrust law at a time when there is significant public debate about consolidation, market power, and regulations. The records that are responsive to this request will spotlight the way the government shapes antitrust policy and will also show the ways enforcement is shaped by corporate representatives seeking to influence public policy.
Also, the information sought has informative value, or potential for contribution to public understanding. Please note the decision in Elizabeth Eudey v. Central Intelligence Agency, 478 F. Supp. 1175 1176 (D.C.D. 1979) (even a single document has the potential for contributing to public understanding). As a contributing writer to Capital & Main, I plan to disseminate this information to the public at large through publication at capitalandmain.com and through Capital & Main's various co-publishing arrangements.

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,

Robin Urevich

From: Robin Urevich

To clarify my request of September 27, 2017, I am requesting Detainee Death Reviews conducted by ICE's Office of Detention Oversight.
Thanks, and looking forward to hearing from you on this as soon as possible --Robin Urevich

From: Immigration and Customs Enforcement

October 20, 2017 VIA EMAIL requests@muckrock.com (mailto:requests@muckrock.com) Robin Urevich MuckRock DEPT MR 37142 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-03113 Dear Urevich: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated September 27, 2017, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on September 27, 2017. Specifically, you requested all records pertaining to Detainee death reports in the following cases:1)Saul Enrique Banegas-Guzman of Honduras who died 1-22-16 Banegas - Guzman had been detained at the Jena LaSalle Detention Facility in Louisiana. HIs date of birth is May 27, 1969.2) Thongchay Saengsiri of Laos who passed away March 17, 2016 while detained at the Jena LaSalle Detention Facility. Saengsiri's birth date is August 6, 1950.3) Rafael Barcenas Padilla of Mexico who died April 7, 2016. Barcenas was detained at the Otero County Processing Center in New Mexico. His date of birth is October 24, 1965.4) Leonardo Lemus Rajo Jose of El Salvador, who died April 28, 2016. Lemus died at the Columbia Kendall Hospital in Florida after having been detained at the Krome Detention Center. His date of birth is 11-6-92.5) Igor Zyazin, of Russia, who died May 1, 2016 while detained at the Otay Mesa Detention Center in San Diego. His date of birth is 5-27-696) Juan Luis Boch Paniagua of Guatemala. Boch died June 1, 2016 while detained at the Jena LaSalle Detention Facility. His date of birth is 9-7-797) Luis Alonso Fino Martinez of Honduras who died while detained at the Essex County Correctional Facility in New Jersey. His date of birth is 4-29-628) Santo Carela of the Dominican Republic. Carela died July 28, 2016 while detained at the Orange County Jail in New York. His date of birth is 3-30-569) Moises Tino Lopez of Guatemala. Tino died 9-27-16 while detained at the Hall County Department of Corrections in Nebraska. His date of birth is 10-2-9210) Olubunmi Joshua Toyin of the United Kingdom who died 10-24-16 while detained at the Rolling Plains Detention Center in Texas. Her date of birth is 6-1-6211) Wenceslau Esmerio Campos of Brazil. Campos died 11-25-16 while detained at the South Texas Detention Complex. His date of birth is 9-3-6712) Raquel Calderon de Hidalgo of Guatemala . Calderon died while detained at the Eloy Federal Contract Facility in Arizona. Her date of birth is 1-20-8013) Roger Rayson of Jamaica who died 3-13-17 while detained at the Jena LaSalle Detention Facility. Rayson's date of birth is 5-3-6914) Osmar Epiifanio Gonzalez Gadba of Nicaragua who died 3-28-17 while detained at the Adelanto Detention Facility in California. His birth date is 4-10-8415) Sergio Alonso Lopez of Mexico who died 4-13-17 while detained at the Adelanto Detention Facility. His birth date is 1-9-6216) Jean Carlos Alfonso Jiminez Joseph of Panama who died 5-15-17 while detained at the Stewart Detention Center in Georgia. His birth date is 4-20-9017) Atulkumar Babubhai Patel of India who died 5-16-17 while detained at the Atlanta City Detention Center in Georgia. His birth date is 12-31-5818) Vicente Cáceres Maradiaga of Honduras who died 5-31-17 while detained at the Adelanto Detention Facility. His date of birth is 10-27-70. 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. ICE evaluates fee waiver requests under the legal standard set forth above and the fee waiver policy guidance issued by the Department of Justice on April 2, 1987, as incorporated into the Department of Homeland Security’s Freedom of Information Act regulations [1] .  These regulations set forth six factors to examine in determining whether the applicable legal standard for fee waiver has been met.  I have considered the following factors in my evaluation of your request for a fee waiver: (1) Whether the subject of the requested records concerns “the operations or activities of the government”; (2) Whether the disclosure is “likely to contribute” to an understanding of government operations or activities; (3) Whether disclosure of the requested information will contribute to the understanding of the public at large, as opposed to the individual understanding of the requestor or a narrow segment of interested persons; (4) Whether the contribution to public understanding of government operations or activities will be "significant"; (5) Whether the requester has a commercial interest that would be furthered by the requested disclosure; and (6) Whether the magnitude of any identified commercial interest to the requestor is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requestor. Upon review of your request and a careful consideration of the factors listed above, I have determined to grant your request for a fee waiver. ICE has 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-03113. 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 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
[1] 6 CFR § 5.11(k).

From: Immigration and Customs Enforcement

Urevich,
ICE's final response to your FOIA request, 2018-ICFO-03113, for all records pertaining to Detainee death reports in the following cases:1)Saul Enrique Banegas-Guzman of Honduras who died 1-22-16 Banegas - Guzman had been detained at the Jena LaSalle Detention Facility in Louisiana. HIs date of birth is May 27, 1969.2) Thongchay Saengsiri of Laos who passed away March 17, 2016 while detained at the Jena LaSalle Detention Facility. Saengsiri's birth date is August 6, 1950.3) Rafael Barcenas Padilla of Mexico who died April 7, 2016. Barcenas was detained at the Otero County Processing Center in New Mexico. His date of birth is October 24, 1965.4) Leonardo Lemus Rajo Jose of El Salvador, who died April 28, 2016. Lemus died at the Columbia Kendall Hospital in Florida after having been detained at the Krome Detention Center. His date of birth is 11-6-92.5) Igor Zyazin, of Russia, who died May 1, 2016 while detained at the Otay Mesa Detention Center in San Diego. His date of birth is 5-27-696) Juan Luis Boch Paniagua of Guatemala. Boch died June 1, 2016 while detained at the Jena LaSalle Detention Facility. His date of birth is 9-7-797) Luis Alonso Fino Martinez of Honduras who died while detained at the Essex County Correctional Facility in New Jersey. His date of birth is 4-29-628) Santo Carela of the Dominican Republic. Carela died July 28, 2016 while detained at the Orange County Jail in New York. His date of birth is 3-30-569) Moises Tino Lopez of Guatemala. Tino died 9-27-16 while detained at the Hall County Department of Corrections in Nebraska. His date of birth is 10-2-9210) Olubunmi Joshua Toyin of the United Kingdom who died 10-24-16 while detained at the Rolling Plains Detention Center in Texas. Her date of birth is 6-1-6211) Wenceslau Esmerio Campos of Brazil. Campos died 11-25-16 while detained at the South Texas Detention Complex. His date of birth is 9-3-6712) Raquel Calderon de Hidalgo of Guatemala . Calderon died while detained at the Eloy Federal Contract Facility in Arizona. Her date of birth is 1-20-8013) Roger Rayson of Jamaica who died 3-13-17 while detained at the Jena LaSalle Detention Facility. Rayson's date of birth is 5-3-6914) Osmar Epiifanio Gonzalez Gadba of Nicaragua who died 3-28-17 while detained at the Adelanto Detention Facility in California. His birth date is 4-10-8415) Sergio Alonso Lopez of Mexico who died 4-13-17 while detained at the Adelanto Detention Facility. His birth date is 1-9-6216) Jean Carlos Alfonso Jiminez Joseph of Panama who died 5-15-17 while detained at the Stewart Detention Center in Georgia. His birth date is 4-20-9017) Atulkumar Babubhai Patel of India who died 5-16-17 while detained at the Atlanta City Detention Center in Georgia. His birth date is 12-31-5818) Vicente Cáceres Maradiaga of Honduras who died 5-31-17 while detained at the Adelanto Detention Facility. His date of birth is 10-27-70 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

From: Muckrock Staff

Hi there,

Thank you very much for your help. I'm hoping you can clarify the response. Your letter directed us to ICE's FOIA Library, where one can find a list of detainee deaths through the end of May.

https://www.ice.gov/doclib/foia/reports/detaineedeaths-2003-2017.pdf

However, this request also included the reviews of these deaths (such as the one found here: https://www.ice.gov/doclib/foia/reports/ddr-sierra.pdf), and I'm wondering whether your office is in the process of providing online the rest of the responsive materials.

Thanks so much for your help.

Best wishes and hopes for a happy holiday,
Beryl Lipton, MuckRock

From: Immigration and Customs Enforcement

Ms. Urevich,
ICE's final response to your FOIA request, 2018-ICAP-00126, for Appealing Withholdings 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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