FOIA request: Detainee Death Review Exhibits
| Tracking # |
2018-ICFO-05840, 2020-ICAP-00030 2018-ICFO-05840 |
| Submitted | Oct. 5, 2017 |
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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:
All exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers:
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 these exhibits on a rolling basis.
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: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
November 17, 2017 ROBIN UREVICH MUCKROCK DEPT MR 44318 411A Highland Ave SOMERVILLE, MA 02144 RE: ICE FOIA Case Number 2018-ICFO-05840 Dear UREVICH: This acknowledges receipt of your October 05, 2017, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for All exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details. Your request was received in this office on October 05, 2017. In view of the fact that you have stated that the subject of your request is deceased, we require some type of affirmation of his/her death, such as a copy of a death certificate or an obituary column. This is required in order to protect the privacy rights of third parties who are the subject of such requests. Without the above affirmation of death, we are unable to initiate a search for responsive records. Please provide the requested documentation within 30 days from the date of this letter, or we will assume you are no longer interested in this FOIA/PA request, and the case will be administratively closed. This is not a denial of your request. Upon receipt of a perfected request, you will be advised as to the status of your request. Your request has been assigned reference number 2018-ICFO-05840. 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 2017-ICFO-XXXXX or 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
From: Robin Urevich
Hello,
Regarding ICE FOIA case number 2018-ICFO-05840, please find a document created by US Immigration and Customs Enforcement that lists individuals who have died in ICE custody. The individuals who are the subjects of this request are numbers 1-18 on this list.
This should constitute sufficient proof that these individuals are deceased.
Please contact me if you need any further clarification, or information.
Thanks in advance --Robin Urevich
From: Immigration and Customs Enforcement
November 20, 2017 ROBIN UREVICH MUCKROCK DEPT MR 44318 411A Highland Ave SOMERVILLE, MA 02144 RE: ICE FOIA Case Number 2018-ICFO-05840 Dear UREVICH: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated October 05, 2017, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on October 05, 2017. Specifically, you requested All exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details. 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. You have requested a fee waiver. The DHS FOIA Regulations at 6 CFR § 5.11(k)(2) set forth six factors ICE must evaluate to determine whether the applicable legal standard for a fee waiver has been met: (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 requester 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 requester is sufficiently large in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester. Upon review of the subject matter of your request, and an evaluation of the six factors identified above, ICE has determined that it will conditionally grant your request for a fee waiver. The fee waiver determination will be based upon a sampling of the responsive documents received from the various ICE program offices as a result of the searches conducted in response to your FOIA request. ICE will, pursuant to DHS regulations applicable to media requesters, process the first 100 pages. If upon review of these documents, ICE determines that the disclosure of the information contained in those documents does not meet the factors permitting ICE to waive the fees, then ICE will at that time either deny your request for a fee waiver entirely, or will allow for a percentage reduction in the amount of the fees corresponding to the amount of relevant material found that meets the factors allowing for a fee waiver. In either case, ICE will promptly notify you of its final decision regarding your request for a fee waiver and provide you with the responsive records as required by applicable law. In the event that your fee waiver is denied, and you determine that you still want the records, 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 requestors. As a media requester you will be charged 10 cents per page for duplication; the first 100 pages are free. In the event that your fee waiver is denied, we will construe the submission of your request as an agreement to pay up to $25.00. This office will contact you before accruing any additional fees. 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-05840. 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 2017-ICFO-XXXXX or 2018-ICFO-XXXXX tracking number. If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, please contact FOIA office. You may send an e-mail to ice-foia@ice.dhs.gov, call free (866) 633-1182, or you may contact our FOIA Public Liaison, Fernando Pineiro, in the same manner. 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. (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
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good afternoon,
Please be advised that we are waiting for responses from the tasked agencies within ICE.
Sincerely,
ICE/FOIA
-
~WRD000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good morning,
Request number 2018-ICFO-05840 is currently under review by one of our processors. Once the review has been complete, the documents will be delivered directly to you.
Sincerely,
ICE FOIA
-
~WRD000
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
August 04, 2018 ROBIN UREVICH MUCKROCK DEPT MR 44318 411A Highland Ave SOMERVILLE, MA 02144 RE: ICE FOIA Case Number 2018-ICFO-05840 Dear UREVICH: This responds to your [Date of Requester’s Inquiry] letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated October 05, 2017 , and received in this office on October 05, 2017 . Your request sought All exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details By letter dated, [Date of Acknowledgement Letter], we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request. Requests are processed in chronological order based on the date we received a perfected request. There are currently [insert number of cases in queue in front of this request] open requests ahead of yours. For your information, document(s) responsive to your request have been located and forwarded to this office for review. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Your request has been assigned reference number 2018-ICFO-05840. 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 2017-ICFO-XXXX or (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status 2018 -ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009
Sincerely,
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
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good afternoon,
In regards to request 2018-ICFO-05840, document(s) responsive to your request have been located and forwarded to this office for review. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Sincerely, ICE FOIA
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good afternoon,
In regards to request 2018-ICFO-05840, document(s) responsive to your request have been located and forwarded to this office for review. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience. As always, you may continue to monitor the status of your request online using your case number.
Sincerely, ICE FOIA
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
November 30, 2018 ROBIN UREVICH MUCKROCK DEPT MR 44318 411A Highland Ave SOMERVILLE, MA 02144 RE: ICE FOIA Case Number 2018-ICFO-05840 Dear UREVICH: This responds to your November 26, 2018 letter in which you requested an update as to the status of your Freedom of Information Act (FOIA) request to the Department of Homeland Security (DHS), dated October 05, 2017 , and received in this office on October 05, 2017 . Your request sought All exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details By letter dated, November 20, 2018 we advised you that due to the increasing number of FOIA requests received by this office, we would encounter some delay in processing your request. Requests are processed in chronological order based on the date we received a perfected request. For your information, document(s) responsive to your request have been located and forwarded to this office for review. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Your request has been assigned reference number 2018-ICFO-05840. 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 2015-ICFO-XXXX or (http://www.dhs.gov/foia-status) http://www.dhs.gov/foia-status 2016 -ICFO-XXXXX tracking number. You may contact this office at (866) 633-1182. Our mailing address is 500 12th Street, S.W., Stop 5009, Washington, D.C. 20536-5009
Sincerely,
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
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good afternoon,
Your request is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents and the date the request was received.
Sincerely,
ICE/FOIA
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good afternoon,
Your request is currently in the queue to be processed by an analyst. Requests are processed on a first in, first out basis and timing can vary greatly depending on the volume of responsive documents and the date the request was received.
Sincerely,
ICE/FOIA
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Oct. 5, 2017. Please let me know when I can expect to receive a response. You had assigned it reference number #2018-ICFO-05840.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
Good morning,
In regards to 2018-ICFO-05840, document(s) responsive to your request have been located and forwarded to this office for review. We will process your request as expeditiously as possible. Upon completion of the processing, all documents that can be released will be made available to you at the earliest possible date. We sincerely apologize for the delay you are experiencing and appreciate your continued patience.
Sincerely,
ICE FOIA
-
~WRD000
From: Immigration and Customs Enforcement
UREVICH,
ICE's final response to your FOIA request, 2018-ICFO-05840, for All exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details is attached.
Sincerely,
ICE FOIA
-
2018-ICFO-05840
From: Immigration and Customs Enforcement
A copy of documents responsive to the request.
From: Robin Urevich
Hello,
I received your letter saying you enclosed 808 pages of documents. But, I could not locate any enclosed documents.
Can you please help me locate them or re-send them?
Thanks very much --Robin Urevich
From: Robin Urevich
Hello, I emailed you on May 23, because your answer to my FOIA request said you were enclosing documents; however, no documents were enclosed.
Please provide the documents you intended to provide.
Thank you.
Sincerely,
Robin Urevich
From: Robin Urevich
You have not provided the documents that you said were attached to your May 13 letter, which is pasted in below. I emailed you regarding this on June 10, and have received no response and none of the documents which your letter said were attached.
This is a request I submitted more than a year ago; it is disappointing to say the least to hear that you have provided the documents when you have not.
Could you please provide them?
Thanks in advance,
Robin Urevich
Office of Information Governance and Privacy
U.S. Department of Homeland Security
500 12th St., SW
Washington, D.C. 20536
www.ice.gov
May 13, 2019
Robin Urevich
MUCKROCK
Department MR 44318
411A Highland Avenue
Somerville, MA 02144
RE: ICE FOIA Case Number 2018-ICFO-05840
Dear Ms. Urevich:
This letter is the final response to your Freedom of Information Act (FOIA) request to U.S.
Immigration and Customs Enforcement (ICE), dated October 05, 2017. You have requested
copies of the following records:
All exhibits attached to each of the following detainee death reviews conducted by ICE's Office
of Detention Oversight, including but not limited to Intake screening reports, progress notes
and/or other reports by medical or mental health providers, medical payment authorization
requests, physical examination reports, medical orders, email or other correspondence regarding
the deceased individual, incident reports, after action reviews, and any reports by Creative
Corrections or other ICE contract reviewers. See request for further details.
ICE has considered your request under the FOIA, 5 U.S.C. § 552.
A search of the ICE Enforcement and Removal Operations (ERO) for records responsive to your
request produced 808 pages that are responsive to your request. After review of the records, 138
pages will be released in full. Portions of 670 pages will be withheld pursuant to Exemptions 6,
7(C), and 7(E) of the FOIA as described below.
ICE has applied FOIA Exemptions 6 and 7(C) to protect from disclosure the names, e-mail
addresses, and phone numbers of DHS employees contained within the documents.
FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the
release of which would cause a clearly unwarranted invasion of personal privacy. This requires a
balancing of the public’s right to disclosure against the individual’s right to privacy. The privacy
interests of the individuals in the records you have requested outweigh any minimal public
Page 2 of 3
interest in disclosure of the information. Any private interest you may have in that information
does not factor into the aforementioned balancing test.
FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes
that could reasonably be expected to constitute an unwarranted invasion of personal privacy.
This exemption takes particular note of the strong interests of individuals, whether they are
suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal
activity. That interest extends to persons who are not only the subjects of the investigation, but
those who may have their privacy invaded by having their identities and information about them
revealed in connection with an investigation. Based upon the traditional recognition of strong
privacy interest in law enforcement records, categorical withholding of information that
identifies third parties in law enforcement records is ordinarily appropriate. As such, I have
determined that the privacy interest in the identities of individuals in the records you have
requested clearly outweigh any minimal public interest in disclosure of the information. Please
note that any private interest you may have in that information does not factor into this
determination.
ICE has applied FOIA Exemption 7(E) to protect from disclosure internal agency URLs and law
enforcement security information and equipment contained within detention facilities. case
numbers contained within the document.
FOIA Exemption 7(E) protects records compiled for law enforcement purposes, the release of
which would disclose techniques and/or procedures for law enforcement investigations or
prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if
such disclosure could reasonably be expected to risk circumvention of the law. I have
determined that disclosure of certain law enforcement sensitive information contained within the
responsive records could reasonably be expected to risk circumvention of the law. Additionally,
the techniques and procedures at issue are not well known to the public.
You have a right to appeal the above withholding determination. Should you wish to do so, you
must send your appeal and a copy of this letter, within 90 days of the date of this letter following
the procedures outlined in the DHS FOIA regulations at 6 C.F.R. Part 5 § 5.8, to:
U.S. Immigration and Customs Enforcement
Office of the Principal Legal Advisor
U.S. Department of Homeland Security
500 12th Street, S.W., Mail Stop 5900
Washington, D.C. 20536-5900
Your envelope and letter should be marked “FOIA Appeal.” Copies of the FOIA and DHS
regulations are available at www.dhs.gov/foia.
Provisions of FOIA allow DHS to charge for processing fees, up to $25, unless you seek a
waiver of fees. In this instance, because the cost is below the $25 minimum, there is no charge.
If you need any further assistance or would like to discuss any aspect of your request, please
contact the FOIA office and refer to FOIA case number 2018-ICFO-05840. You may send an ePage
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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.
Sincerely,
Catrina M. Pavlik-Keenan
FOIA Officer
Enclosure(s): 808 pages
From: Immigration and Customs Enforcement
**Please Do Not Respond Directly -This email has been sent on behalf of ice-foia@dhs.gov**
We have received your Freedom of Information Act request for appealing the missing attachment of responsive documentsAll exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details and have assigned it tracking number 2020-ICAP-00030. Please refer to the attached Acknowledgement Letter for more information.
ICE FOIA.
From: Immigration and Customs Enforcement
Dear Ms. Seager and Mr. Glitz:
ICE's final response to your FOIA request, 2020-ICAP-00030, for appealing the missing attachment of responsive documentsAll exhibits attached to each of the following detainee death reviews conducted by ICE's Office of Detention Oversight, including but not limited to Intake screening reports, progress notes and/or other reports by medical or mental health providers, medical payment authorization requests, physical examination reports, medical orders, email or other correspondence regarding the deceased individual, incident reports, after action reviews, and any reports by Creative Corrections or other ICE contract reviewers. See request for further details 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: Immigration and Customs Enforcement
A copy of documents responsive to the request.
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