DOJ Records of the DHS-OIG's Criminal Investigation of Jean Jimenez's Death (Department of Justice, Executive Office for United States Attorneys)

Andrew Free filed this request with the Department of Justice, Executive Office for United States Attorneys of the United States of America .
Tracking #

EOUSA-2019-002865, A-2020-01304

EOUSA-2019-002865

Multi Request DOJ Records of the DHS-OIG's Criminal Investigation of Jean Jimenez's Death
Status
Rejected

Communications

From: Andrew Free

To Whom It May Concern:

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

1. DOJ communications with DHS-OIG regarding the latter office's criminal investigation into the May 15, 2017 death of Jeancarlo Jimenez Joseph in U.S. Immigration and Customs Enforcement Custody. DOJ reportedly declined criminal prosecution in March or April of 2019 after a nearly 24-month DHS-OIG criminal probe. It is believed that records will be located in DOJ's Criminal Division and/or in the office of the U.S. Attorney for the Middle District or Northern District of Georgia.
2. Any other DOJ records relating to the DHS-OIG criminal investigation into Mr. Jimenez's death not encompassed in Item 1 above.

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: Department of Justice, Executive Office for United States Attorneys

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=EOUSA-2019-002865&type=request)
* Tracking Number: EOUSA-2019-002865
* Requester Name: Andrew Free
* Date Submitted: 05/09/2019
* Request Status: Submitted
* Description: To Whom It May Concern:

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

1. DOJ communications with DHS-OIG regarding the latter office's criminal investigation into the May 15, 2017 death of Jeancarlo Jimenez Joseph in U.S. Immigration and Customs Enforcement Custody. DOJ reportedly declined criminal prosecution in March or April of 2019 after a nearly 24-month DHS-OIG criminal probe. It is believed that records will be located in DOJ's Criminal Division and/or in the office of the U.S. Attorney for the Middle District or Northern District of Georgia.
2. Any other DOJ records relating to the DHS-OIG criminal investigation into Mr. Jimenez's death not encompassed in Item 1 above.

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

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

From: Department of Justice, Executive Office for United States Attorneys

This letter acknowledges receipt of your Freedom of Information Act/Privacy Act (FOIA) request received in the Executive Office For United States Attorneys on 05/09/2019.
Your request has been assigned Tracking Number:  EOUSA-2019-002865.
Your request seeks records from one or more field offices, and involves many voluminous records and/or requires consultation with another agency/component with a substantial interest in the subject-matter and therefore falls within “unusual circumstances” as set forth in the statue. See 5 U.S.C.S § 552(a)(6)(B)(i)-(iii).  Accordingly, we are extending the time limit to respond to our request for ten additional days. See 5 U.S.C. § 552(a)(6)(B))(i).  In addition, this Office assigns incoming requests to one of three tracks: simple, complex, or expedited.  Each request is then handled on a first-in, first-out basis in relation to other requests in the same track.  Simple requests usually receive a response in approximately 30 business days, whereas complex requests necessarily take longer.  At this time, your request has been assigned to the complextrack.
Under FOIA and Department of Justice regulations you may be required to pay certain costs associated with processing your request, including, searching for, reviewing, and duplicating requested records.  Consequently, you may potentially incur those costs, unless you have requested and been granted a waiver or reduction in fees.  In most instances, the first 100 pages to duplicate and the first two hours to search for records responsive to your request, will be provided to you free of charge.  If after making those allowances, we determine that the cost to process your request will amount to more than $25.00, we will notify you in writing at a later date. 1     Requests that are specific, concrete and of limited scope (in time and/or subject matter) generally enable us to respond to you more quickly and possibly assess less fees.  To avoid delay and reduce ay potential fees, we respectfully request that you modify and narrow the scope of your request (See attachment).
You may contact our FOIA Public Liaison at the Executive Office for United States Attorneys (EOUSA) for any further assistance and to discuss any aspect of your request. The contact information for EOUSA is 175 N Street, NE, Suite 5.400, Washington, DC 20530; telephone at 202-252-6020; or facsimile 202-252-6048. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is 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 (mailto:ogis@nara.gov) 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Attachment
Form No. 001 - 8/16 1           Search and review fees by professional personnel are charged at $40 per hour and duplication fees are assessed at five cents per page THIS IS NOT A BILL.  DO NOT SEND MONEY
Andrew Free    EOUSA-2019-002865 CHOOSE ONE
____I wish to modify my request in an attempt to obtain a quicker response and/or reduce fees as follows:
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________

____ I understand that I am entitled to the first 100 pages and two hours of search time for free.  Please do not search beyond two hours, nor duplicate beyond 100 pages.
____I agree to pay up to the following amount for duplication and search time: $_____________ I understand that this payment is required even if no documents are located or released to me.  In the event that documents are located and released to me, I understand that I may be charged duplication fees in addition to search fees.
____I wish to withdraw my request.
_____________________________                                                  __________________
Signature                                                                                             Date

Please return to:
EOUSA
FOIA/PA
600 E Street, N.W., Room 7300
Washington, DC 20530

From: Department of Justice, Executive Office for United States Attorneys

The FOIA request - EOUSA-2019-002865 description has been modified. Additional details for this item are as follows:
* Tracking Number: EOUSA-2019-002865
* Requester: Andrew Free
* Submitted Date: 05/08/2019
* Description: To Whom It May Concern:

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

1. DOJ communications with DHS-OIG regarding the latter office's criminal investigation into the May 15, 2017 death of Jeancarlo Jimenez Joseph in U.S. Immigration and Customs Enforcement Custody. DOJ reportedly declined criminal prosecution in March or April of 2019 after a nearly 24-month DHS-OIG criminal probe. It is believed that records will be located in DOJ's Criminal Division and/or in the office of the U.S. Attorney for the Middle District or Northern District of Georgia.
2. Any other DOJ records relating to the DHS-OIG criminal investigation into Mr. Jimenez's death not encompassed in Item 1 above.

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

Upload documents directly: https://https://www.muckrock.comhttps://www.muckrock.com/

From: Department of Justice, Executive Office for United States Attorneys

In response to your Freedom of Information Act and/or Privacy Act request, the paragraph(s) checked below apply:
* [   ] A search for records located in EOUSA-                          has revealed no responsive records regarding the above subject.
* [ X ] A search for records located in the United States Attorney’s Office(s) for the Northern District of Georgia has revealed no responsive records regarding the above subject.
* [   ] After an extensive search, the records which you have requested cannot be located.
* [   ] Your records have been destroyed pursuant to Department of Justice guidelines.
* [   ] Please note that your original letter was split into separate files (“requests”), for processing purposes, based on the nature of what you sought.  Each file was given a separate Request Number (listed below), for which you will receive a separate response:
This is the final action on this above-numbered request.  If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), United States Department of Justice, Suite 11050, 1425 New York Avenue, NW, Washington, DC 20530-0001, or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home.  Your appeal must be postmarked or electronically transmitted within ninety (90) days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” (https://foiaonline.regulations.gov/foia/action/public/home)
You may contact our FOIA Public Liaison at the telephone number listed above for any further assistance and to discuss any aspect of your request. Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is 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. (mailto:ogis@nara.gov)

From: Andrew Free

Please query the USAO for the Middle District of Georgia, as it was included in point of my email dated May 16, 2019.

From: Andrew Free

I appeal the constructive denial of this request. This criminal referral was sent to the MDGa. The agency failed to query that office, rendering its search inadequate. The withholding of records is therefore unlawful, because the search was not reasonably calculated to locate responsive records. Please remand to the agency with instructions to query MDGA USAO.

Many thanks,

Andrew

From:

The Office of Information Policy has received your FOIA Appeal.  Please see the attached acknowledgment letter.

From: Department of Justice, Executive Office for United States Attorneys

The FOIA
appeal
- EOUSA-2020-003526 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: EOUSA-2020-003526
* Requester: Andrew Free
* Submitted Date: 07/09/2020
* Description:
see attached open appeal

From: Department of Justice, Executive Office for United States Attorneys

The Office of Information Policy has made its final determination on your FOIA Appeal Number A-2020-01304 .  A copy of this determination is enclosed for your review, along with any enclosures, if applicable.  Thank you.

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