Records of Travel, Shireen Abu Akleh (3 January 1971 – 11 May 2022)

Matthew Petti filed this request with the United States Customs and Border Protection of the United States of America.

It is a clone of this request.

Tracking #

CBP-AP-2022-105965

CBP-2022-078228

Est. Completion None
Status
No Responsive Documents

Communications

From: Matthew Petti

To Whom It May Concern:

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

Records of travel (including any border crossings, records of referral to secondary screening, etc.) as well as any and Customs declarations for the individual Shireen Abu Akleh (3 January 1971 – 11 May 2022).

Full name: Shireen Abu Akleh
DOB: 3 January 1971
POB: Jerusalem, Israel

Abu Akleh's last name is sometimes written Abu Aqleh, and may also be transliterated Abu Akleh, Abu Aqlah, Abu Aklah, Abu Aqla, or Abu Akla.

From 1997 until her death, Abu Akleh worked as a correspondent for the news channel Al Jazeera in the Palestinian territories, and was widely-known for her coverage of the Israeli-Palestinian conflict. She was killed by gunfire on 11 May 2022 while reporting on an Israeli military raid in the West Bank city of Jenin. Abu Akleh was reportedly a United States citizen at the time of her death.

Abu Akleh's death was widely reported, including by Al Jazeera itself, and publicly acknowledged (https://twitter.com/USAmbIsrael/status/1524286802135339008) by US Ambassador to Israel Tom Nides. As such, privacy concerns under FOIA Exemptions 6 and 7 are voided, as are any concerns under the Privacy Act.

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 Petti

From: United States Customs and Border Protection

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2022-078228&type=request)

* Tracking Number: CBP-2022-078228
* Requester Name:
Matthew Petti
* Date Submitted: 05/12/2022
* Request Status: Submitted
* Description:
To Whom It May Concern:

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

Records of travel (including any border crossings, records of referral to secondary screening, etc.) as well as any and Customs declarations for the individual Shireen Abu Akleh (3 January 1971 – 11 May 2022).

Full name: Shireen Abu Akleh
DOB: 3 January 1971
POB: Jerusalem, Israel

Abu Akleh's last name is sometimes written Abu Aqleh, and may also be transliterated Abu Akleh, Abu Aqlah, Abu Aklah, Abu Aqla, or Abu Akla.

From 1997 until her death, Abu Akleh worked as a correspondent for the news channel Al Jazeera in the Palestinian territories, and was widely-known for her coverage of the Israeli-Palestinian conflict. She was killed by gunfire on 11 May 2022 while reporting on an Israeli military raid in the West Bank city of Jenin. Abu Akleh was reportedly a United States citizen at the time of her death.

Abu Akleh's death was widely reported, including by Al Jazeera itself, and publicly acknowledged (https://twitter.com/USAmbIsrael/status/1524286802135339008) by US Ambassador to Israel Tom Nides. As such, privacy concerns under FOIA Exemptions 6 and 7 are voided, as are any concerns under the Privacy Act.

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 Petti

Upload documents directly: https://www.muckrock.com/

From: United States Customs and Border Protection

Matthew Petti
N/A
MuckRock News DEPT MR 128837
263 Huntington Ave
Boston, MA, 02115
06/15/2022
CBP-2022-078228
Dear Matthew Petti,
We are in receipt of your FOIA request CBP-2022-078228 for CBP maintained records. Specifically you asked for To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: Records of travel (including any border crossings, records of referral to secondary screening, etc.) as well as any and Customs declarations for the individual Shireen Abu Akleh (3 January 1971 – 11 May 2022). Full name: Shireen Abu Akleh DOB: 3 January 1971 POB: Jerusalem, Israel Abu Akleh's last name is sometimes written Abu Aqleh, and may also be transliterated Abu Akleh, Abu Aqlah, Abu Aklah, Abu Aqla, or Abu Akla. From 1997 until her death, Abu Akleh worked as a correspondent for the news channel Al Jazeera in the Palestinian territories, and was widely-known for her coverage of the Israeli-Palestinian conflict. She was killed by gunfire on 11 May 2022 while reporting on an Israeli military raid in the West Bank city of Jenin. Abu Akleh was reportedly a United States citizen at the time of her death. Abu Akleh's death was widely reported, including by Al Jazeera itself, and publicly acknowledged (https://twitter.com/USAmbIsrael/status/1524286802135339008) by US Ambassador to Israel Tom Nides. As such, privacy concerns under FOIA Exemptions 6 and 7 are voided, as are any concerns under the Privacy Act. 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 Petti Upload documents directly: https://www.muckrock.com/
Pursuant to 6 C.F.R. Part 5 § 5.3(b) of the DHS FOIA regulations, you must describe the records you are seeking with as much information as possible to ensure that our search of appropriate systems of records can find them with a reasonable amount of effort. Your FOIA request has been closed as insufficient for one or more of the following reasons:
__X__ Your FOIA request was reviewed as a third party request and did not include authorization that information on this individual or business, can be released to you.  Due to privacy concerns, CBP cannot confirm or deny the existence of records on this individual or business.  If you wish to receive records on this individual or business, please resubmit your request and include a signed G-28 or G-639 form, or a signed statement from the individual verifying that his/her information may be released to you. Or, if requesting records pertaining to a business or company, a signed statement on company letterhead.
____    Your request did not include a date of birth.
____    Your request did not include proof of identity
____    Your request did not include a full name (and aliases as appropriate) of the individual in which you are seeking records
____    Your request did not include a death certificate (or other proof that the subject is deceased)
____    Your request did not include a clear and detailed description of the records being requested. Please be advised that the FOIA does not require federal agencies to answer inquiries or create records in response to a FOIA request, but rather is limited to requiring agencies to provide access to reasonably described, nonexempt records.   As you have failed to reasonably describe the records you are seeking, your request is not a perfected request, and we are unable to initiate a search for responsive records.
Please resubmit your FOIA request, along with the required information, by logging into your existing FOIAonline account or go to https://foiaonline.gov to create an account. (https://foiaonline.gov)
Sincerely,
U.S. Customs and Border Protection

From: United States Customs and Border Protection

CBP-2022-078228 has been processed with the following final disposition: Improper FOIA Request for Other Reasons.

From: Matthew Petti

To whom this may concern,

My name is Matthew Petti and I am writing in regards to my FOIA request number CBP-2022-078228, sent on May 12, 2022, for records related to the late Palestinian-American journalist Shireen Abu Akleh. In a response letter dated June 15, 2022, which you may find attached below, Customs and Border Protection stated that the request was "a third party request and did not include authorization that information on this individual or business, can be released to you. Due to privacy concerns, CBP cannot confirm or deny the existence of records on this individual or business."

I am appealing this determination on the grounds that Abu Akleh is unfortunately deceased, and the FOIA privacy exemption does not apply after death. See Diamond v. FBI, 532 F. Supp. 216, 227 (S D.N.Y. 1981); but see Kiraly v. FBI, 3 GDS ¶ 82,466 (N.D. Ohio Mar. 15, 1982). Furthermore, Abu Akleh's stature as a public figure and the circumstances of her death make these records a matter of public interest.

Abu Akleh was a renowned journalist. Her work is widely celebrated among fellow reporters, and her death was widely mourned within news media. Colleagues called Abu Akleh a "trailblazer" and a "model" of good journalism. See Al Jazeera. “Shireen Abu Akleh: A Trailblazer Who Gave Voice to Palestinians,” May 11, 2022. https://www.aljazeera.com/news/2022/5/11/al-jazeeras-shireen-abu-akleh.

Because Abu Akleh was a journalist killed on the job, and because the circumstances of her killing remain unclear, numerous media outlets have reported on Abu Akleh's death. United States officials have also made numerous statements acknowledging Abu Akleh's death. (The original May 12, 2022 request included a Twitter post from U.S. Ambassador to Israel Tom Nides mourning Abu Akleh.) Secretary of State Antony Blinken publicly called for an independent investigation into Abu Akleh's killing. See Magid, Jacob. “In First, Blinken Calls for Independent Investigation into Abu Akleh’s Killing.” The Times of Israel, June 8, 2022. https://www.timesofisrael.com/blinken-vows-to-follow-facts-on-killing-of-us-palestinian-journalist-abu-akleh/.

As the Washington Post's editorial board added, "The fact that Ms. Abu Akleh is a citizen of the United States, Israel’s key economic and military backer, gives the case special urgency." See Washington Post. “Opinion | Truth Is Emerging in a Journalist’s Death. Palestinians Could Reveal More.” Accessed June 16, 2022. https://www.washingtonpost.com/opinions/2022/06/13/al-jazeera-shireen-abu-akleh-death-truth-palestinians/.

Therefore, I ask that you release the requested records. Not only are privacy considerations irrelevant due to Abu Akleh's untimely demise, but releasing information related to Abu Akleh is also in the public interest, an interest acknowledged by U.S. Government officials. I look forward to hearing back from you within 20 working days, as the FOIA requires.

Best regards,
Matthew Petti

From: United States Customs and Border Protection

The FOIA
appeal
- CBP-AP-2022-105965 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-AP-2022-105965
* Requester: Matthew Petti
* Submitted Date: 07/18/2022
* Description:
appealing determination because subject of records is deceased.

From: United States Customs and Border Protection

Matthew Petti:
Your letter dated June 16, 2022, was received in this office on July 13, 2022, wherein you appeal FOIA Division's determination under tracking number CBP-2022-078228. The tracking number for your appeal is CBP-AP-2022-105965 which will be assigned to a member of the Appeals Office for processing.
Sincerely,
Lynette Carter, FOIA Appeals

From: United States Customs and Border Protection

Please see attachment.

From: United States Customs and Border Protection

Matthew Petti
MuckRock News DEPT MR 128837
263 Huntington Ave
Boston, MA, 02115
08/02/2022
CBP-2022-078228
Dear Matthew Petti:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 05/12/2022.  Please use the following unique FOIA tracking number CBP-2022-078228 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)
Provisions of the Act allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (https://www.federalregister.gov/documents/2016/11/22/2016-28095/freedom-of-information-act-regulations)
Due to the increasing number of FOIA requests received by this office, we may encounter some delay in processing your request.  Consistent with 6 C.F.R. Part 5 § 5.5(a) of the DHS FOIA regulations, CBP processes FOIA requests according to their order of receipt.  Although CBP’s goal is to respond within 20 business days of receipt of your request, FOIA does permit a 10-day extension of this time period in certain circumstances pursuant to 6 C.F.R. Part 5 § 5.5(c).  [As your request seeks documents that will require a thorough and wide-ranging search, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.] OR [As your request seeks a voluminous amount of separate and distinct records, CBP will invoke a 10-day extension for your request pursuant to  6 C.F.R. Part 5 § 5.5(c).  If you would like 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.] OR [As the subject matter of your request is of substantial interest to two or more components of CBP or of substantial interest to another agency, we will need to consult with those entities before we issue a final response.  Due to these unusual circumstances, CBP will invoke a 10-day extension for your request pursuant to 6 C.F.R. Part 5 § 5.5(c). If you would like 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.]
CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests.  We truly appreciate your continued patience.
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)
Sincerely,
U.S. Customs and Border Protection

From: United States Customs and Border Protection

CBP-2022-078228 has been processed with the following final disposition: No Records.

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