#JusticeforJakelin Caal (Department of Defense, Office of the Inspector General)

Andrew Free filed this request with the Department of Defense, Office of the Inspector General of the United States of America.
Tracking #

CBP-2020-076884

DODOIG-2020-001175

Multi Request #JusticeforJakelin Caal
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:

On behalf of my pro bono clients, Aldea People's Justice Center and Nery Caal, please accept this request under the Freedom of Information Act for:

(1) all documents that were reviewed by and/or produced from your agency (or any sub
agency or agency office or component) to the U.S. House of Representatives Committee on Homeland Security
(Committee) in response to the subpoena sent to your office and which can be found
here: https://homeland.house.gov/imo/media/doc/1120subpoena.pdf;
(2) all communications made about both the subpoena sent to your office by the Committee
and the hearing that took place on July 15, 2020 by the Committee, as well as any communications regarding the coverage of that hearing in the media.
(3) all other agency records regarding Jakelin's apprehension and death, and your agency's response to it.

We are aware these documents exist because the Committee held a live hearing regarding
conclusions reached from these documents.

This request seeks records that may be in the
possession, but not limited to, your agency's Legislative Affairs or Congressional Liaison.

Please note that Aldea People's Justice Center represents Nery Caal, the father of Jakelin Caal Maquin. I have attached my G-
28 to this Request.

I request that any records produced in response to this request be provided in electronic form
wherever possible.

Aldea requests that this FOIA be expedited pursuant to 5 U.S.C. § 552(a)(6)(E) and 6 C.F.R. §
5.5(e)(1)(iv) because this FOIA request involves necessary information regarding several
incidents of deaths in CBP custody which have garnered exceptional media interest and about
which there are serious questions about the government’s integrity which affect public
confidence.

Below are several links to articles to support the need for expedited processing:
https://www.latimes.com/opinion/op-ed/la-oe-cantu-border-patrol-cruelty-20181218-story.html
https://www.wbur.org/cognoscenti/2018/12/21/jakelin-caal-maquin-border-death-c-nicholas-
cuneo
https://castro.house.gov/media-center/press-releases/members-congress-systemic-failures-
contributed-jakelin-caal-s-death
https://www.nytimes.com/2019/03/29/us/migrant-girl-death.html
https://www.washingtonpost.com/immigration/guatemalan-girl-taken-into-custody-after-
crossing-the-us-border-died-from-bacterial-infection-according-to-autopsy/2019/03/29/f7670cea-
5258-11e9-88a1-ed346f0ec94f_story.html
https://www.oig.dhs.gov/news/press-releases/2019/12202019/dhs-oig-completes-investigation-
death-seven-year-old-guatemalan-child
https://homeland.house.gov/news/press-releases/thompson-issues-subpoena-to-dhs-for-
documents-on-the-deaths-of-children-separation-of-families-and-metering-at-the-border
https://homeland.house.gov/news/correspondence/chairman-thompson-demands-subpoenaed-
dhs-documents-as-the-department-continues-to-stonewall-investigation-into-deaths-of-children-
in-cbp-custody-
https://homeland.house.gov/activities/hearings/children-in-cbp-custody-examining-deaths-
medical-care-procedures-and-improper-spending

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 Defense, Office of the Inspector General

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=DODOIG-2020-001175&type=request)

* Tracking Number: DODOIG-2020-001175
* Requester Name: Andrew Free
* Date Submitted: 09/01/2020
* Request Status: Submitted
* Description:
Please See attachment for description

From: Department of Defense, Office of the Inspector General

CBP-2020-076884 has been processed with the following final disposition: Duplicate Request.

From: Department of Defense, Office of the Inspector General

Your request for Expedited Processing for the FOIA request CBP-2020-076884 has been
denied.

* Expedited Processing Original Justification:
Aldea requests that this FOIA be expedited pursuant to 5 U.S.C. § 552(a)(6)(E) and 6 C.F.R. §
5.5(e)(1)(iv) because this FOIA request involves necessary information regarding several
incidents of deaths in CBP custody which have garnered exceptional media interest and about
which there are serious questions about the government’s integrity which affect public
confidence.
Below are several links to articles to support the need for expedited processing:
https://www.latimes.com/opinion/op-ed/la-oe-cantu-border-patrol-cruelty-20181218-story.html
https://www.wbur.org/cognoscenti/2018/12/21/jakelin-caal-maquin-border-death-c-nicholas-
cuneo
https://castro.house.gov/media-center/press-releases/members-congress-systemic-failures-
contributed-jakelin-caal-s-death
https://www.nytimes.com/2019/03/29/us/migrant-girl-death.html
https://www.washingtonpost.com/immigration/guatemalan-girl-taken-into-custody-after-
crossing-the-us-border-died-from-bacterial-infection-according-to-autopsy/2019/03/29/f7670cea-
5258-11e9-88a1-ed346f0ec94f_story.html
https://www.oig.dhs.gov/news/press-releases/2019/12202019/dhs-oig-completes-investigation-
death-seven-year-old-guatemalan-child
https://homeland.house.gov/news/press-releases/thompson-issues-subpoena-to-dhs-for-
documents-on-the-deaths-of-children-separation-of-families-and-metering-at-the-border
https://homeland.house.gov/news/correspondence/chairman-thompson-demands-subpoenaed-
dhs-documents-as-the-department-continues-to-stonewall-investigation-into-deaths-of-children-
in-cbp-custody-
https://homeland.house.gov/activities/hearings/children-in-cbp-custody-examining-deaths-
medical-care-procedures-and-improper-spending
* Expedited Processing Disposition Reason:
Does not meet requirements per DHS Regulations.

From: Andrew Free

I hereby appeal the denial of expedited processing for this request.

From: Department of Defense, Office of the Inspector General

Dear Mr. Free:

Your request FOIA request DODOIG-2020-001175, was transferred via FOIALINE to the Customs Border and Protection (CBP) FOIA office for processing and direct response to you. The information you requested does not fall under the cognizance of DoDIG, and if you have any questions, please contact their office. The FOIA request number assigned to your request from CBP is CBP-2020-076884.

I hope that I was able to assist you and if you any further questions or need of assistance, please feel free to contact our office at 703-604-9775.

v/r

ERIC R. POWERS
Government Information Specialist
Department of Defense Office of Inspector General Freedom of Information Act
4800 Mark Center Drive
Alexandria, VA 22350-1500

This e-mail is from the Office of the Inspector General, Department of Defense, and may contain information that is "Law Enforcement Sensitive" {LES} or "For Official Use Only" {FOUO} or otherwise subject to the Privacy Act and/or legal and or other privileges that restrict release without appropriate legal authority.

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