Ragbir Arrest

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

2018-ICFO-21479, 2019-ICAP-00283

2018-ICFO-21479

Status
Completed

Communications

From: Jimmy Tobias

To Whom It May Concern:

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

Any and all agency records, documents and written or electronic correspondence, including attachments, that relate to the January 11, 2018 arrest of Ravi Ragbir, an immigrant from Trinidad. During the month of January 2018, Ragbir was arrested in New York City and transferred to a detention facility in Miami, Florida. This request seeks documents produced between January 20, 2017 and the the date this request is processed.

I am a reporter for The Nation magazine, and the requested documents will be made available to the general public. 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,

Jimmy Tobias

From: Immigration and Customs Enforcement

February 26, 2018 requests@muckrock.com (mailto:requests@muckrock.com) Jimmy Tobias Filed via MuckRock.com DEPT MR 47755 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-21479 Dear Mr. Tobias: This acknowledges receipt of your January 18, 2018, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for 'any and all agency records, documents and written or electronic correspondence, including attachments, that relate to the January 11, 2018 arrest of Ravi Ragbir, an immigrant from Trinidad. During the month of January 2018, Ragbir was arrested in New York City and transferred to a detention facility in Miami, Florida. This request seeks documents produced between January 20, 2017 and the date this request is processed.'.  Your request was received in this office on January 18, 2018. 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. The attached form must be completed and signed by the individual whose records you are requesting in order for ICE to move forward with your request (return via email ICE-FOIA@ice.dhs.gov). (mailto:ICE-FOIA@ice.dhs.gov) Please provide the requested documentation within 14 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-21479. 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 ATTACHED: 3RD PARTY CONSENT FORM

From: Immigration and Customs Enforcement

February 27, 2018 Jimmy Tobias Filed via MuckRock.com DEPT MR 47755 411A Highland Ave Somerville, MA 02144-2516 RE:     ICE FOIA Case Number 2018-ICFO-21766 Dear Mr. Tobias: This acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), dated January 19, 2018, and to your request for a waiver of all assessable FOIA fees. Your request was received in this office on January 19, 2018. Specifically, you requested all emails, memos, letters and/or reports sent or received by the ICE Deputy Field Office Director in New York, Scott Mechkowski, that contains one or more of the following words or phrases: "Judson Memorial Church", "Judson", "New Sanctuary", "Ragbir", "Montrevil", and/or "Schaper". This request pertains to records produced between August 1, 2017 and the date this request is processed. 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-21766. 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

A copy of documents responsive to the request.

From: Immigration and Customs Enforcement

A copy of documents responsive to the request.

From: Jimmy Tobias

To: U.S. Immigration and Customs Enforcement
Office of the Principle Legal Advisor

To Whom It May Concern:

I find the agency's final decision regarding FOIA request 2018-ICFO-21766 adverse and am appealing the decision. (A copy of the agency's final decision letter it attached below).

(1) I ask that the agency provide a Vaughn Index of the documents it has fully redacted or otherwise withheld in its response to me.

(2) The agency has redacted the names of government officials on numerous email chains contained in the responsive documents it released to me. There is no legal justification for doing so. Federal agencies of all varieties regularly include the names of agency officials in FOIA releases and ICE is required to do the same. I ask the agency to un-redact the names of government officials that appear in the responsive records released to me.

(3) The agency redacted numerous sentences and paragraphs in court complaints and other court records it released to me in response to my FOIA request. Because federal court records are public information available on PACER and on other forums, I ask that the agency remove all redactions in court records it released to me

(4) My initial FOIA request in this case asked for records produced between August 1, 2017 and the date the request was processed. The documents released to me only contained records that were produced in the year 2018. I ask that the agency go back and identify records produced between August 1, 2017 and January 1, 2018 and release them in full to me.

Under the Freedom of Information Act, agencies have a duty to liberally construe FOIA requests to ensure responsive records are found. To fulfill its search obligations, an agency must “demonstrate beyond material doubt that its search was reasonably calculated to uncover all relevant documents.” ICE has not demonstrated beyond material doubt that its search was reasonably calculated to uncover all relevant documents. In order to ensure that the agency fulfilled its duties, I would request that ICE conduct another search of relevant records responsive to my FOIA request .

Thank you very much.

Sincerely,
Jimmy Tobias
248-763-0088
jtoby87@gmail.com

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 withholdings'any and all agency records, documents and written or electronic correspondence, including attachments, that relate to the January 11, 2018 arrest of Ravi Ragbir, an immigrant from Trinidad. During the month of January 2018, Ragbir was arrested in New York City and transferred to a detention facility in Miami, Florida. This request seeks documents produced between January 20, 2017 and the date this request is processed.' and have assigned it tracking number 2019-ICAP-00283. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Jimmy Tobias

Hello,

Thank you for the note. I actually filed an appeal about a different FOIA request. The FOIA request I filed an appeal about had the FOIA tracking number 2018—ICFO-21766. For your reference, I have filed ICE's final response letter to that original request below. My appeal pertains to this letter, and not to the arrest of Ravi Ragbir.

If you have any questions about this matter, please let me know.

Jimmy Tobias

From: Immigration and Customs Enforcement

Mr. Tobias,

ICE's final response to your FOIA request, 2019-ICAP-00283, for appealing withholdingsall emails, memos, letters and/or reports sent or received by the ICE Deputy Field Office Director in New York, Scott Mechkowski, that contains one or more of the following words or phrases: "Judson Memorial Church", "Judson", "New Sanctuary", "Ragbir", "Montrevil", and/or "Schaper". This request pertains to records produced between August 1, 2017 and the date this request is processed 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

Good morning,
In regards to 2018-ICFO-21479, this request was closed as of 04/23/18 as no 3rd party authorization was received. It was emailed on 02/26/18 to requests@muckrock.com<mailto:requests@muckrock.com>.
In regards to 2019-ICAP-00283, your appeal request was received and entered into the system.

Thank you,
Sincerely,
Ice Foia

From: Immigration and Customs Enforcement

A copy of documents responsive to the request.

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