Records related to death of Roxsana Hernández Rodriguez • MuckRock

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Communications

From: Cristian Salazar

03/24/2019

Subject: Freedom of Information Act Request: Records related to death of Roxsana Hernández Rodriguez

To Whom It May Concern:

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

1. "Detainee Death Review" record by the Office of Detention Oversight for Roxsana Hernández Rodriguez, whose death on May 25, 2018, while in custody in New Mexico, was widely reported in the media. See references here:
a) https://www.thedailybeast.com/trans-woman-roxsana-hernandez-rodriguez-beaten-in-ice-custody-before-death-pathologist-finds
b) https://www.nytimes.com/2018/11/27/us/trans-woman-roxsana-hernandez-ice-autopsy.html
2. All records, including emails mentioning or referring to Roxsana Hernández Rodriguez. The scope of the request is for the dates May 1, 2018 to March 23, 2019.
3. All records, including emails mentioning or referring to Roxsana Hernández Rodriguez, generated by Cibola County Correctional Center in New Mexico and CoreCivic. The scope of the request is for the dates May 1, 2018 to March 23, 2019.

I am making this request as an independent journalist with a track record of publishing with the Daily Beast, Washington Post, Associated Press, and other outlets; this request is made as part of newsgathering and not for commercial use. The requested documents will be made available to the general public. As a representative of the news media I am only required to pay for the direct cost of duplication after the first 100 pages.

Release of this information is in the public interest because it will contribute significantly to public understanding of government operations and activities, particularly the treatment of immigrants in the custody of the U.S. government. If you deny this request for a fee waiver, please advise me in advance of the estimated charges if they are to exceed $100.

If my request is denied in whole or part, I ask that you justify all deletions by reference to specific exemptions of the Act. I will also expect you to release all segregable portions of otherwise exempt material. I reserve the right to appeal your decision to withhold any information or to deny a waiver of fees.

I also ask that you provide expedited review of this request which concerns a matter of urgency. The information sought relates to a currently unfolding story, specifically, the ongoing border crisis caused by immigration as frequently described by President Trump. Second, delaying release of the information harms the public interest in knowing what actions are being taken to protect immigrants in the custody of the U.S. government. Third, the request obviously concerns federal government activity, as the request seeks information on the details surrounding the death of an immigrant in the custody of the U.S. government. I certify that my statements concerning the need for expedited review are true and correct to the best of my knowledge and belief.

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,

Cristian Salazar

From: Immigration and Customs Enforcement

04/05/2019

Subject: ICE FOIA Request 2019-ICFO-33270

April 05, 2019 Cristian Salazar MuckRock Dept MR 70917 411A Highland Ave Somerville, MA 22144 RE: ICE FOIA Case Number 2019-ICFO-33270 Dear Mr. Salazar: This acknowledges receipt of your March 24, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for 1. "Detainee Death Review" record by the Office of Detention Oversight for Roxsana Hernández Rodriguez, whose death on May 25, 2018, while in custody in New Mexico, was widely reported in the media. See references here:a) https://www.thedailybeast.com/trans-woman-roxsana-hernandez-rodriguez-beaten-in-ice-custody-before-death-pathologist-findsb) https://www.nytimes.com/2018/11/27/us/trans-woman-roxsana-hernandez-ice-autopsy.html2. All records, including emails mentioning or referring to Roxsana Hernández Rodriguez. The scope of the request is for the dates May 1, 2018 to March 23, 2019.3. All records, including emails mentioning or referring to Roxsana Hernández Rodriguez, generated by Cibola County Correctional Center in New Mexico and CoreCivic. The scope of the request is for the dates May 1, 2018 to March 23, 2019.. Your request was received in this office on April 05, 2019. 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. Provisions of the FOIA allow us to recover part of the cost of complying with your request. We shall charge you for records in accordance with the DHS Interim FOIA regulations, as they apply to media requesters. As a media requester, you will be charged 10 cents per page for duplication; the first 100 pages are free. We will construe the submission of your request as an agreement to pay up to $25.00. You will be contacted before any further fees are accrued. We have 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 2019-ICFO-33270. 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 2019-ICFO-33270 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: Muckrock Staff

05/06/2019