Total amount of property entered into the Seized Assets and Case Tracking System from Southwest Border Sectors in FY 2018, FY 2019 and FY2020

Aaron Cantú filed this request with the United States Customs and Border Protection of the United States of America.
Tracking #

CBP-2021-022944

Est. Completion None
Status
Awaiting Appeal

Communications

From: Aaron Cantú

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 during FY 2018, FY 2019, and FY 2020 seized by agents assigned to each of the following U.S. Border Patrol stations:

Theodore L. Newton, Jr. and George F. Azrak Station (Murrieta)
San Clemente Station
El Cajon Station
Imperial Beach Station
Brown Field Station
Chula Vista Station
Campo Station
Boulevard Station
El Centro Station
Calexico Station
Indio Station

For each of the stations listed above, please include the following details for every item of property entered into the Seized Assets and Case Tracking System:
-The date of seizure,
-The type(s) of property seized,
-The value of the property seized, and
-Whether an arrest was made at the time of the property seizure.

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.

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,

Aaron Cantú

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://www.foiaonline.gov/foiaonline/action/public/submissionDetails?trackingNumber=CBP-2021-022944&type=request)

* Tracking Number: CBP-2021-022944
* Requester Name: Aaron Cantú
* Date Submitted: 01/10/2021
* 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 during FY 2018, FY 2019, and FY 2020 seized by agents assigned to each of the following U.S. Border Patrol stations:

Theodore L. Newton, Jr. and George F. Azrak Station (Murrieta)
San Clemente Station
El Cajon Station
Imperial Beach Station
Brown Field Station
Chula Vista Station
Campo Station
Boulevard Station
El Centro Station
Calexico Station
Indio Station

For each of the stations listed above, please include the following details for every item of property entered into the Seized Assets and Case Tracking System:
-The date of seizure,
-The type(s) of property seized,
-The value of the property seized, and
-Whether an arrest was made at the time of the property seizure.

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.

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,
Aaron Cantú

From: United States Customs and Border Protection

Dear Aaron Cantú <requests@muckrock.com>,
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From: United States Customs and Border Protection

The FOIA
request
- CBP-2021-022944 has been supplemented with additional supporting files. Additional details for this item are as follows:

* Tracking Number: CBP-2021-022944
* Requester: Aaron Cantú
* Submitted Date: 01/10/2021
* 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 during FY 2018, FY 2019, and FY 2020 seized by agents assigned to each of the following U.S. Border Patrol stations:

Theodore L. Newton, Jr. and George F. Azrak Station (Murrieta)
San Clemente Station
El Cajon Station
Imperial Beach Station
Brown Field Station
Chula Vista Station
Campo Station
Boulevard Station
El Centro Station
Calexico Station
Indio Station

For each of the stations listed above, please include the following details for every item of property entered into the Seized Assets and Case Tracking System:
-The date of seizure,
-The type(s) of property seized,
-The value of the property seized, and
-Whether an arrest was made at the time of the property seizure.

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.

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,
Aaron Cantú

From: United States Customs and Border Protection

CBP-2021-022944 has been processed with the following final disposition: Improper FOIA Request for Other Reasons.

From: Aaron Cantú

To Whom This May Concern:

On January 10th, I submitted a FOIA request, a copy of which is attached as Exhibit A. On January 13th, I received a response from you, a copy of which is enclosed as Exhibit B. The response stated that U.S. Customs and Border Protection, along with the Office of Border Patrol (OBP), “do not release statistics at the station level” and could only be provided at the sector level. Because of this, it was determined that my request was insufficient.

As your response is inconsistent with both prior agency conduct and FOIA law, I renew my request as submitted.

First, in a previous FOIA response (CBP-2018-062784) CBP did, in fact, release documents that contained statistics at the station level. In replying to that request, the FOIA division wrote that “a search of CBP databases produced a one spreadsheet of data responsive to your request.” The spreadsheet of data included property seizures broken down by stations, and not by sector. This spreadsheet is attached as Exhibit C. Clearly, this data is being tracked and compiled at the station level, and it has previously been released.

Second, as a matter of law, CBP has not identified any statutory or regulatory provision that overrides the agency’s obligation to release station-level data under the FOIA. 6 C.F.R. 5.6(e)(2) requires any denial to include “[a] brief statement of the reasons for the denial, including any FOIA exemption applied by the component in denying the request” (emphasis added). Because CBP has not identified any basis for withholding responsive documents, it is obligated to search for documents in response to this request.

If I do not receive a reply within 14 days, I will file an administrative appeal.

I would be willing to talk to a FOIA officer if you’re able to provide a specific officer’s name and contact information, including their direct phone line and email. That could help speed up and clarify this process.

Sincerely,

Aaron Cantú

From: United States Customs and Border Protection

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