Total amount of property entered into the Seized Assets and Case Tracking System from Southwest Border Sectors in FY 2017

Emanuel Rivlin-Nadler 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-2018-062784

CBP-2018-062784

CBP-2018-062784

Due July 2, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: Emanuel Rivlin-Nadler


To Whom It May Concern:

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

The total amount of property entered into CBP's Seized Assets and Case Tracking System in FY 2017 from southwest border sectors, listed by type of property, value, location of seizure, and seizing agency. These southwest sectors include: Del Rio Sector, El Centro Sector, El Paso Sector, Laredo Sector, Rio Grande Valley Sector, San Diego Sector, Tucson Sector, and Yuma Sector. This request is a follow-up on request CBP-2018-035871, where Alma Salazar of U.S. Customs and Border Protection instructed me to "narrow the scope" of my request. I believe I have done so as instructed.

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,

Emanuel Rivlin-Nadler

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.regulations.gov:443/foia/action/public/view/request?objectId=090004d281971b8f)
* Tracking Number: CBP-2018-062784
* Requester Name: Emanuel Rivlin-Nadler
* Date Submitted: 06/10/2018
* Request Status: Submitted
* Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: The total amount of property entered into CBP's Seized Assets and Case Tracking System in FY 2017 from southwest border sectors, listed by type of property, value, location of seizure, and seizing agency. These southwest sectors include: Del Rio Sector, El Centro Sector, El Paso Sector, Laredo Sector, Rio Grande Valley Sector, San Diego Sector, Tucson Sector, and Yuma Sector. This request is a follow-up on request CBP-2018-035871, where Alma Salazar of U.S. Customs and Border Protection instructed me to "narrow the scope" of my request. I believe I have done so as instructed. 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, Emanuel Rivlin-Nadler

From: United States Customs and Border Protection

The FOIA request CBP-2018-062784 has had its Tracking Number changed to CBP-2018-062784. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2018-062784
* New Tracking Number: CBP-2018-062784
* Requester Name: Emanuel Rivlin-Nadler
* Date Submitted: 07/04/2018
* Long Description: To Whom It May Concern: Pursuant to the Freedom of Information Act, I hereby request the following records: The total amount of property entered into CBP's Seized Assets and Case Tracking System in FY 2017 from southwest border sectors, listed by type of property, value, location of seizure, and seizing agency. These southwest sectors include: Del Rio Sector, El Centro Sector, El Paso Sector, Laredo Sector, Rio Grande Valley Sector, San Diego Sector, Tucson Sector, and Yuma Sector. This request is a follow-up on request CBP-2018-035871, where Alma Salazar of U.S. Customs and Border Protection instructed me to "narrow the scope" of my request. I believe I have done so as instructed. 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, Emanuel Rivlin-Nadler

From: United States Customs and Border Protection

Emanuel Rivlin-Nadler
MuckRock News DEPT MR 55685
411A Highland Ave
Somerville, MA, 02144
09/04/2019
CBP-2018-062784
Dear Emanuel Rivlin-Nadler:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 06/10/2018.     Please use the following unique FOIA tracking number CBP-2018-062784 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).
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: Emanuel Rivlin-Nadler

Mark A. Morgan
U.S. Customs and Border Protection
1300 Pennsylvania Ave. NW
Washington, DC 20229

Re: Freedom of Information Act Appeal

Dear U.S. Customs and Border Protection:

This is an appeal under the Freedom of Information Act.

On 06/10/2018, I requested documents under the Freedom of Information Act. My request was assigned the following identification number: CBP-2018-062784. On 09/04/2019, I received a response to my request in a letter from CBP saying that, at most, it would need another 30 days. It has now been 90 days.

I consider this a constructive denial of my request. CBP is now out of compliance with the plain language of FOIA. CBP has offered only a nonresponse within the statutory timeframe.

The documents that were withheld must be disclosed under the FOIA according to provision 5 U.S.C. § 552(a)(2). I am filing this appeal under 5 U.S.C. § 552(a)(6) of FOIA which contemplates appeal.

In addition to the agency’s nonresponse, I am also appealing the constructive denial of my request for a fee waiver. As a member of the news media, I am entitled to a waiver of fees. Disclosure of the documents I requested is in the public interest because the information is likely to contribute significantly to public understanding of the operations or activities of government and is not primarily in my commercial interest. The public has a right to know how much property CBP has seized from the public, currently possesses and how it is disposing of such property, given the fundamental nature of property rights in our democracy and the increased public interest in CBP’s activities.

I expect a final ruling on my appeal within 20 working days, as required by FOIA.

Please find my original request, and the response from CBP, attached.

Thank you for your consideration of this appeal.
Sincerely,
Emanuel Rivlin-Nadler
3787 Richmond Street
San Diego, CA, 92103
(917) 608-8714

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