Records for Zeresenay Ermias Testfatsion (Deceased) (U.S. Citizenship and Immigration Services)

Matthew Hoppock filed this request with the U.S. Citizenship and Immigration Services of the United States of America.
Multi Request Records for Zeresenay Ermias Testfatsion (Deceased)
Status
Rejected

Communications

From: Matthew Hoppock


To Whom It May Concern:

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

The agency's records related to Zeresenay Ermias Testfatsion, 34, who died while being deported to Eritrea after spending over a year in ICE Detention facilities.

Proof of his death is here, a copy of which is attached:

https://www.ice.gov/news/releases/ice-detainee-passes-away-transit-home-country

Mr. Testfatsion had been in ICE custody since Feb. 2, 2017, following his arrest at a United States port of entry while attempting to apply for asylum in the United States. In October 2017, a federal immigration judge ordered Testfatsion removed from the U.S.

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,

Matthew Hoppock

From: U.S. Citizenship and Immigration Services

In order to obtain your records, please submit a proper FOIA request. You may find the form on the following link: http://www.uscis.gov/g-639 Should you choose not to use the form G-639, you will still need to provide certain information that is listed on the form. Regardless of how you choose to do your request, you will need to provide a notarized signature or sign under penalty of perjury. Please note that we cannot accept requests that are in the body of an email. Should you choose to email us the request, you will need to attach the request as a PDF file.

If you are requesting records of someone other than yourself, you do need to obtain consent from the subject. If the subject is deceased, you will need to provide proof of death.

You may submit your request one of three ways:

-attach as a PDF file and email to uscis.foia@uscis.dhs.gov<mailto:uscis.foia@uscis.dhs.gov>

-fax it to 816-350-5785 or 802-288-1793

-mail it to:
National Records Center
PO Box 648010
Lee's Summit, MO 64064-8010

Further instructions on filing for a FOIA request may be found at www.uscis.gov<http://www.uscis.gov>.
Thanks,
FOIA, USCIS
A

From: Matthew Hoppock

Thank you for acknowledging my FOIA request. I understand the agency wants a "proper" FOIA request. We object to the request, as there is no requirement that the Form G-639 be used. However, please find my executed Form DOJ-361 which confirms my identity and is sworn under penalty of perjury. Please continue to process our FOIA request.

From: Matthew Hoppock

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on June 8, 2018. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

From: U.S. Citizenship and Immigration Services

Your initial request, NRC2018092863, was closed as a Total Denial as the request failed to include proof of death. You appealed this determination under APP2018001046 which was denied as the request was still not a perfected request as there was not date or country of birth included with the request.

You currently have no open or pending requests with this office. You will need to submit a new FOIA request.

In order to obtain your records, please submit a FOIA request. If you wish to submit a new FOIA/PA request, please visit www.uscis.gov/FOIA<http://www.uscis.gov/FOIA>. You can now submit a FOIA request online using our new Freedom of Information Act Records SysTem (FIRST). For instructions and requirements on how to complete a FOIA/PA request or to check on the status of a previously submitted request, please visit our FOIA webpage at www.uscis.gov/FOIA<https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act>.

You may use Form G-639, but it is not required. You can find the form at http://www.uscis.gov/g-639. Should you choose not to use the form G-639, you will still need to provide certain information listed on the form. Regardless of how you choose to do your request, you will need to provide a notarized signature or signature under penalty of perjury. Please note that we cannot accept requests that are in the body of an email. Should you choose to email us the request, you will need to attach the request as a PDF file. If you are requesting records of someone other than yourself, you will need to provide consent from the subject. If the subject is deceased, you will need to provide proof of death.

Sandy Kendall
Government Information Specialist
FOIA Operations
National Records Center

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