Richwood Correctional Center Records

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

2020-ICFO-12286, 2020-ICAP-00438

2020-ICFO-12286

Due Feb. 24, 2020
Est. Completion None
Status
Awaiting Response

Communications

From: Jeremy Jong


To Whom It May Concern:

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

1. Any and all records including, but not limited to video and audio records relating to any interaction between Jose Zacarias Marroquin and officials from Immigration and Customs Enforcement or between Jose Zacarias Marroquin and staff of Lasalle Correctionsin Richwood Correctional Center on October 11, 2019.
2. Any reports or documents regarding use of force at Richwood Correctional Center on October 11, 2019.
3. Any communication sent to or from the New Orleans ICE Field Office containing the following the following terms “Jose Zacarias Marroquin,” “Jose Zacarias,” “Jose Marroquin,” " “choke,” “throat,” “Richwood,” or “Lasalle Corrections” between October 11, 2019 and December 8, 2019.
4. All video recordings of “A dorm” or “A bunk” in Richwood Correctional Center between 11:00am and 11:00pm on October 11, 2019.
5. Documents identifying the persons present in “A dorm” or “A bunk” of Richwood Correctional Center between 11:00am and 11:00pm on October 11, 2019.
6. Documents identifying the persons present in the medical unit of Richwood Correctional Center between 11:00am and 11:00pm on October 11, 2019.
7. Any contracts or agreements between the City of Richwood and the United States government and its agencies relating to Richwood Correctional Center.
8. Any contracts or agreements between the Lasalle Correction and the United States government and its agencies relating to Richwood Correctional Center.

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,

Jeremy Jong

From: Immigration and Customs Enforcement

Submitted on Sunday, December 8, 2019 - 21:18
Submitted by user: Anonymous
Submitted values are:

Select the DHS component you wish to submit your request to: : U.S.
Immigration and Customs Enforcement (ICE)
Title:
First Name: Jeremy
Middle Initial:
Last Name: Jong
Suffix:
Email Address: requests@muckrock.com
Country: United States
Address 1: MuckRock News, DEPT MR 84190
Address 2: 411A Highland Ave
City: Somerville
State: Massachusetts
Zip Code: 02144
Telephone Number: 617-299-1832
Fax Number:
Are you requesting records on yourself? No
If yes, you must check the perjury statement:
By initialing here you are providing your electronic signature.:
Please describe the records you are seeking as clearly and precisely as
possible:
To Whom It May Concern:

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

1. Any and all records including, but not limited to video and audio records
relating to any interaction between Jose Zacarias Marroquin and officials
from Immigration and Customs Enforcement or between Jose Zacarias Marroquin
and staff of Lasalle Correctionsin Richwood Correctional Center on October
11, 2019.
2. Any reports or documents regarding use of force at Richwood Correctional
Center on October 11, 2019.
3. Any communication sent to or from the New Orleans ICE Field Office
containing the following the following terms “Jose Zacarias Marroquin,”
“Jose Zacarias,” “Jose Marroquin,” " “choke,” “throat,”
“Richwood,” or “Lasalle Corrections” between October 11, 2019 and
December 8, 2019.
4. All video recordings of “A dorm” or “A bunk” in Richwood
Correctional Center between 11:00am and 11:00pm on October 11, 2019.
5. Documents identifying the persons present in “A dorm” or “A bunk”
of Richwood Correctional Center between 11:00am and 11:00pm on October 11,
2019.
6. Documents identifying the persons present in the medical unit of Richwood
Correctional Center between 11:00am and 11:00pm on October 11, 2019.
7. Any contracts or agreements between the City of Richwood and the United
States government and its agencies relating to Richwood Correctional Center.
8. Any contracts or agreements between the Lasalle Correction and the United
States government and its agencies relating to Richwood Correctional Center.

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,

Jeremy Jong

Upload documents directly:
https://https://www.muckrock.comhttps://accounts.muckrock.com/accounts/login/?url_auth_token=AAAVK9mH4BSG8tmO0HOip57Abyc%3A1ie8Zj%3As1Dg-6_HVVh38KBAexjN3EveT7k&next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fimmigration-and-customs-enforcement-133%252Frichwood-correctional-center-records-84190%252F%253Femail%253DICE-FOIA%252540dhs.gov
I am willing to pay fees for this request up to the amount of: $: 25
Select from the list below: An individual seeking information for personal
use and not for commercial use.
I request a waiver of all fees for this request.:
Please provide an explanation for your request for a fee waiver:
Please select and describe in detail if you believe your request warrants
expeditious handling:
Please provide information to support your selection:

From: Immigration and Customs Enforcement

December 10, 2019 Jeremy Jong MuckRock News MuckRock News, DEPT MR 84190 411A Highland Ave Somerville, Massachusetts 02144 RE:     ICE FOIA Case Number 2020-ICFO-12286 Dear Jong: This acknowledges receipt of your December 08, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for various requests for documents pertaining to interaction between Jose Zacarias Marroquin and officials from Immigration and Customs Enforcement (see requests for details).  Your request was received in this office on December 10, 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 2020-ICFO-12286. 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 2020-ICFO-12286 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: Immigration and Customs Enforcement

December 10, 2019 Jeremy Jong MuckRock News MuckRock News, DEPT MR 84190 411A Highland Ave Somerville, Massachusetts 02144 RE:     ICE FOIA Case Number 2020-ICFO-12286 Dear Jong: This acknowledges receipt of your December 08, 2019, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for various categories of records pertaining to the interaction between Jose Zacarias Marroquin and officials from Immigration and Customs Enforcement (see requests for details).  Your request was received in this office on December 10, 2019. 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. Please provide the requested documentation within 30 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 2020-ICFO-12286. 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 2020-ICFO-12286 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: Jeremy Jong

Please see the attached consent form.

From: Jeremy Jong

I hereby appeal the legality of the agency's withholding.

An agency must comply with a FOIA request by issuing a determination within 20 business days after receipt of the request. 5 U.S.C. § 552(a)(6)(A)(i). The determination “must at least inform the requester of the scope of the documents that the agency will produce, as well as the scope of the documents that the agency plans to withhold under any FOIA exemptions.” Citizens for Responsibility & Ethics in Wash. v. Fed. Election Comm’n, 771 F.3d 180, 186 (D.C. Cir. 2013). An agency may be entitled to one ten-day extension of time to respond to a request if it provides written notice to the requester explaining that “unusual circumstances” exist
that warrant additional time. 5 U.S.C. § 552(a)(6)(B). An agency must immediately notify the requester of its determination whether to comply with a request, and the reasons for it, and of the right of such person to appeal an adverse determination. 5 U.S.C. § 552(a)(6)(B)(ii)

Further, the agency has imposed requirements for release of government records (i.e., a third-party release) that conflict with the plain language of the FOIA, which requires the agency to conduct an adequate search for and release all non-exempt records, including reasonably segregable portions of records containing information that may be subject to b6 or 7c.

Regardless, I emailed the agency a signed consent form from Mr. Zacarias Marroquin on January 28, 2020 and the request has been pending since then.

Please process this appeal within the period allowed by law and remand to the agency for re-tasking and re-processing consistent with the Act.

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 constructive denialvarious categories of records pertaining to the interaction between Jose Zacarias Marroquin and officials from Immigration and Customs Enforcement (see requests for details) and have assigned it tracking number 2020-ICAP-00438. Please refer to the attached Acknowledgement Letter for more information.

ICE FOIA.

From: Immigration and Customs Enforcement

Jong,

ICE's final response to your FOIA request, 2020-ICAP-00438, for appealing constructive denialvarious categories of records pertaining to the interaction between Jose Zacarias Marroquin and officials from Immigration and Customs Enforcement (see requests for details) 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

  • appeal adjudication 2020-ICAP-00438 2020-ICFO-12286 FINAL1

Files

pages

Close