USCIS Mariel case index

Jason Smathers filed this request with the U.S. Citizenship and Immigration Services of the United States of America.
Tracking # 2011FOIA10437
Status
Completed

Communications

From: Jason Smathers

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

An index, log, or other listing of all Mariel cases including the Alien's date of birth and a case identifier such as an alien identification number. Names are not required.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Jason Smathers

From: USCIS

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 3, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "FOIA, USCIS" <USCIS.Foia@dhs.gov>

USCIS has received information submitted from you to the FOIA mailbox. If you are submitting a FOIA request, this courtesy reply does not replace the Acknowledgement Letter which will be sent to you once your request has been scanned into our FOIA processing system. As this reply is automatically generated, do not respond to this notification.

From: "FOIA, USCIS" <USCIS.Foia@dhs.gov>

We are currently out of the office.

USCIS has received information submitted from you to the FOIA mailbox. If you are submitting a FOIA request, this courtesy reply does not replace the Acknowledgement Letter which will be sent to you once your request has been scanned into our FOIA processing system. As this reply is automatically generated, do not respond to this notification.

The USCIS FOIA mailbox relates to the Freedom of Information (FOIA) or Privacy Act (PA) requests for a copy of immigration records (alien files; or petition or application receipt files).

For Status of Pending Applications or Petitions or other Immigration Matters:
The USCIS National Records Center does not process petitions, applications or any other type of benefit under the Immigration and Nationality Act. If you have questions or wish to submit documentation relating to a pending application or petition or any other immigration matter, you must contact your local USCIS Office or our National Customer Service Center (NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). You may also visit www.uscis.gov for answers. There is also information on the web-site for scheduling an INFOPASS appointment at your local USCIS office.

If you are outside the United States and need more information concerning United States immigration, please contact the closest U.S. Embassy or Consulate.
________________________________________________________

Visa/Travel Inquiries:
If you have questions about an F-1, F-3, J-1, M-1, or M-3 Visa, please click on the following link: http://www.ice.gov/sevis/faq.htm.

For other Visa or travel information, please visit www.travel.state.gov.
________________________________________________________

Reports of Fraud or Suspicious Activity:
The email will be forwarded to the appropriate office. To report any suspicious activity call 1-866-347-2423 or www.ice.gov or you may call your local law enforcement or local USCIS office.
_______________________________________________________

How to submit a FOIA Request to USCIS for A Copy of Immigration Records:
You may fill out the G-639 which may be downloaded from http://www.uscis.gov/g-639, for each subject you are seeking records. Please provide a valid mailing address. The completion of this form is optional. Any written format for a Freedom of Information or Privacy Act request is acceptable but the information and signatures requested need to be provided, in order to prevent a delay in processing. On page 2 of the G-639, please ensure that the signature of the subject of records appears in block 7 and in block 8. In Block 8, the subject of record may sign under penalty of perjury either under " Executed Outside the United States" or "Executed in the United States" OR the signature of subject of record may be notarized.

Also please assure that the information requested in Block 5 on the G-639 for the subject of record is provided: A Number or Receipt Number, Date of Birth, Country of Birth, Parents’ Names, Date of Entry, and Port of Entry.

A request for a specific document will be placed on a faster track than a request for an entire file.

We cannot provide copies of records without consent. If you’re requesting records for an individual not born over 100 years ago and they are deceased, you will need to forward either a death certificate for each or some type of information showing they are deceased.

You can submit the requests one of the following ways:

Via U.S. Mail to:

National Records Center
FOIA/PA Office
P.O. Box 648010
Lee's Summit, MO 64064-8010

Or: Via Fax: 816-350-5785

Or: Via e-mail by scanning your documents in and attaching them to your e-mail to uscis.foia@dhs.gov

_________________________________________________

If you have a FOIA control number, you may check the status of your FOIA request online, at www.uscis.gov. Click on “FOIA Request Status Check and Average Processing Times” located on the left side of the web page and follow the instructions.

Thank you.

FOIA USCIS
www.uscis.gov

From: USCIS

From: US Immigration and Customs Enforcement.

From: "NRC, FOIASIG" <FOIASIG.Nrc@dhs.gov>

Information regarding the time frame as to when your case will be processed should be directed to Immigration and Customs Enforcement and Customs and Border Protection as your case has been referred to those agencies from United Citizenship and Immigration Services.

From: "Smith, Korrina L" <Korrina.Smith@dhs.gov>

Hello,

I am contacting you from the U.S. Immigrations and Customs Enforcement,
Freedom of Information Act Office, regarding your FOIA request 11-10437.
The office we are searching for your requested information came back
with a couple of questions. I could not find a provided phone number for
you so I will list the questions needing clarification in this email:

-is there a specific timeframe on the Mariel cases being requested?

-is it okay if the Mariel cases are broken out by 1)Convicts detained
cases & 2) Convicts not detained cases ?

Please respond as soon as possible to expedite the processing of your
request.

If you have any questions at all, please do not hesitate to contact me.

Thank You,

Korrina Smith

ICE/FOIA

202-732-0607

From: Jason Smathers

I appeal.

USCIS maintained A-files will indicate if the file is a Mariel case. Please search for these cases in your database and provide a print out of the resulting records.

From: "Smith, Korrina L" <Korrina.Smith@dhs.gov>

Mr. Smathers,

can you please call me here at our office my direct line is
202-732-0607. My name is Korrina.

As previously stated I have some questions regarding your FOIA request.
We are not a repository for A-files the NRC is, we are not personally
searching our database, as we do not have one. The office we have sent
your request to, to locate your requested files, has sent us back some
feedback, letting us know we will need some clarification from you
before we are able to locate your requested records. Again those
questions are:

-is there a specific timeframe on the Mariel cases being requested?

-is it okay if the Mariel cases are broken out by 1)Convicts detained
cases & 2) Convicts not detained cases ?

Thank you,
And I look forward to your phone call.
Korrina
ICE/FOIA
202-732-0607

From: Jason Smathers

Korrina,

-is there a specific timeframe on the Mariel cases being requested?
No, please provide them all without regard to date.

-is it okay if the Mariel cases are broken out by 1)Convicts detained
cases & 2) Convicts not detained cases ?
Yes, you may separate them this way.

Thanks!

-Jason Smathers

From: US Immigration and Customs Enforcement.

From: US Immigration and Customs Enforcement.

From: Jason Smathers

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 3, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: "Smith, Korrina L" <KLSmith1@ice.dhs.gov>

Hello Mr. Smathers,

A final response was mailed to you 8/23/11.

If you have any questions please feel free to call our main line at 202-732-0600.

Thank you,
Korrina Smith
ICE FOIA

From: Jason Smathers

Korrina Smith,

When providing me with the USCIS Mariel case index, you redacted every single A-file number and every single date of birth using two privacy exemption (b)(6) and (b)(7)(C).

Immigrants born more than 100 years ago must be presumed deceased; see Schrecker v. U.S. Dep't of Justice, 349 F.3d 657, 664-65 (D.C. Cir. 2003).

I will not argue for the release of this information for living persons, however, I ask that you re-process this request without these redactions where the date of birth is 100 years ago or greater and death can be assumed.

Please let me know if you are willing to do this without the need for an appeal or a new request. If you need anything more form me, please let me know.

Best Regards,
Jason Smathers

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 3, 2011. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #2011FOIA10437.

Thank you for your help.

From: US Immigration and Customs Enforcement.

From: US Immigration and Customs Enforcement.

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