ICE Communications Regarding Karim Golding

Al Otro Lado filed this request with the Immigration and Customs Enforcement of the United States of America.
Tracking #

2022-ICAP-00464

2021-ICFO-34920

Due April 14, 2022
Est. Completion None
Status
Awaiting Response

Communications

From: Al Otro Lado

To Whom It May Concern:

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

1. Any communications including but not limited to emails, text messages, instant messages, or skype messages sent to or received by ICE employee Bryan S. Pitman between January 1, 2020 to the date this request is processed that includes any of the following key words:
a. "Karim"
b. "Golding"
c. "206 552 755"
d. "206 552 755"
e. "A206 552 755"
f. "Adelante"
g. "Shut Down Etowah"

Mr. Pitman's email is "Bryan.S.Pitman@ice.dhs.gov"

2. Any communications including but not limited to emails, text messages, instant messages, or skype messages sent to or received by ICE employee Michael K. Nelson between January 1, 2020 to the date this request is processed that includes any of the following key words:
a. "Karim"
b. "Golding"
c. "206 552 755"
d. "206 552 755"
e. "A206 552 755"
f. "Adelante"
g. "Shut Down Etowah"

Mr. Nelson's email is "Michael.K.Nelson@ice.dhs.gov"

3. Any communications including but not limited to emails, text messages, instant messages, or skype messages sent to or received by ICE employee Dianne L. Witte between January 1, 2020 to the date this request is processed that includes any of the following key words:
a. "Karim"
b. "Golding"
c. "206 552 755"
d. "206 552 755"
e. "A206 552 755"
f. "Adelante"
g. "Shut Down Etowah"

Ms. Witte's email is "diane.l.witte@ice.dhs.gov"

4. Any communications including but not limited to emails, text messages, instant messages, or skype messages sent to or received by ICE employee John Hartnett between January 1, 2020 to the date this request is processed that includes any of the following key words:
a. "Karim"
b. "Golding"
c. "206 552 755"
d. "206 552 755"
e. "A206 552 755"
f. "Adelante"
g. "Shut Down Etowah"

Mr. Hartnett's email is "john.hartnett@ice.dhs.gov"

5. Any communications including but not limited to emails, text messages, instant messages, or skype messages sent to or received by ICE employee Charles P. Chiriaco between January 1, 2020 to the date this request is processed that includes any of the following key words:
a. "Karim"
b. "Golding"
c. "206 552 755"
d. "206 552 755"
e. "A206 552 755"
f. "Adelante"
g. "Shut Down Etowah"

Mr. Chiriaco's email is "Charles.P.Chiriaco@ice.dhs.gov"

6. Any communications including but not limited to emails, text messages, instant messages, or skype messages sent to or received by ICE employee Michael A. Martin between January 1, 2020 to the date this request is processed that includes any of the following key words:
a. "Karim"
b. "Golding"
c. "206 552 755"
d. "206 552 755"
e. "A206 552 755"
f. "Adelante"
g. "Shut Down Etowah"

Mr. Martin's email is "Michael.A.Martin@ice.dhs.gov"

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,

Al Otro Lado

From: Immigration and Customs Enforcement

Dear Al Lado,
Request Number 2021-ICFO-34920 has been assigned to the request you submitted. In all future correspondence regarding this request please reference request number 2021-ICFO-34920.
Regards,
Department of Homeland Security

From: Immigration and Customs Enforcement

Dear Al Lado,
The status of your ICE FOIA request #2021-ICFO-34920 has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
HTTPS://foiarequest.dhs.gov
Sincerely,
Department of Homeland Security

From: Immigration and Customs Enforcement

May 17, 2021 Al Lado MuckRock News DEPT MR 112529 411A Highland Ave Somerville, Massachusetts 02144 RE:     ICE FOIA Case Number 2021-ICFO-34920 Dear  Al Lado: This acknowledges receipt of your May 13, 2021, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for communications sent to or received by ICE employees Bryan S. Pittman, Michael K. Nelson, Dianne L. Witte, Josh Hartnett, Charles P. Chiriaco, and Michael A. Martin from January 1, 2020 to present including various key words (see request).  Your request was received in this office on May 14, 2021. Please be advised that DHS regulations require, in the case of third party information requests, a statement from the individual verifying his or her identity and certifying that individual's agreement that records concerning him or her may be accessed, analyzed and released to a third party.  See 6 C.F.R. § 5.21(f).  Because you have not provided this documentation with your request, 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 2021-ICFO-34920. 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 2021-ICFO-34920 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: Al Otro Lado

Please see the signed authorization attached.

From: Immigration and Customs Enforcement

Dear Al Lado,
The status of your ICE FOIA request #2021-ICFO-34920 has been updated to the following status 'Closed'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Al Otro Lado

This is an appeal under the Freedom of Information Act.

On May 13, 2021, I requested documents under the Freedom of Information Act. On May 18, 2021, ICE responded by assigning number 2021-ICFO-34920. Although ICE released some of the records requested on December 20, 2021, it has yet to issue a determination regarding this request as it failed to determine and communicate the scope of the documents it intends to produce and withhold, and the reasons for withholding any documents and to inform AOL that it can appeal any adverse part of the determination.

Nonetheless, to the extent that this is a final disclosure under FOIA, we appeal numerous redactions made by the agency pursuant to FOIA Exemptions 6 and 7. FOIA's exemptions are “explicitly made exclusive and must be narrowly construed.” Milner v. Dep't of Navy, 562 U.S. 562, 565 (2011). FOIA Exemption 6 allows agencies to withhold information about individuals in "personnel and medical files and similar files" when the disclosure "would constitute a clearly unwarranted invasion of personal privacy." 5 U.S.C. § 552(b)(6). FOIA Exemption 7(C) allows agencies to withhold personal information compiled for law enforcement purposes when disclosure "could reasonably be expected to constitute an unwarranted invasion of personal privacy. 5 U.S.C. § 552(b)(7)(C). An agency must weigh the public interests for and private interests against disclosure rather than redacting all names across the board. See Am. Immigr. Laws. Ass'n v. Exec. Off. for Immigr. Rev., 830 F.3d 667, 674 (D.C. Cir. 2016). ICE redacted almost every name in their releases without any balancing of interests. As such, ICE improperly redacted information pursuant Exemptions 6 and 7(C).

FOIA Exemption 7(E) allows the government to withhold law enforcement information that "would disclose techniques and 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." 5 U.S.C. § 552(b)(7)(E). Much of the information redacted by ICE pursuant to Exemption 7(E) cannot conceivably be related to law enforcement investigations or prosecutions or raise a reasonable risk of circumvention of law. As such, ICE violated Exemption 7(E).

If you have any questions about handling this appeal, you reach us at jeremy@alotrolado.org

Thank you for your consideration of this appeal.

Sincerely,
Al Otro Lado

From: Immigration and Customs Enforcement

Dear Al Lado,
The status of your ICE Appeals request #'2022-ICAP-00464' has been updated to the following status 'Received'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

From: Immigration and Customs Enforcement

Dear Al Lado,
Your request has been received by the Department of Homeland Security. The request has been assigned tracking # '2022-ICAP-00464', please log into your account and review your submission.
The application address is https://foiarequest.dhs.gov/.
Thank you,
Department of Homeland Security

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 withholdings of communications sent to or received by ICE employees Bryan S. Pittman, Michael K. Nelson, Dianne L. Witte, Josh Hartnett, Charles P. Chiriaco, and Michael A. Martin from January 1, 2020 to present including various key words (see request) and have assigned it tracking number 2022-ICAP-00464. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Immigration and Customs Enforcement

Dear Al Lado,
The status of your ICE Appeals request #2022-ICAP-00464 has been updated to the following status 'In Process'. To log into the Department of Homeland Security PAL click on the Application URL below.
https://foiarequest.dhs.gov/
Sincerely,
Department of Homeland Security

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