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Judicial Watch • Tuffly v DHS 06247 Signed Tuffly v ICE Release Cover Letter

Tuffly v DHS 06247 Signed Tuffly v ICE Release Cover Letter

Tuffly v DHS 06247 Signed Tuffly v ICE Release Cover Letter

Page 1: Tuffly v DHS 06247 Signed Tuffly v ICE Release Cover Letter

Category:Obtained Document

Number of Pages:2

Date Created:June 5, 2015

Date Uploaded to the Library:July 13, 2015

Tags:06247, Napier, cover, Katherine, Florence, Tuffly, signed, privacy, enforcement, Exemption, immigration, release, arizona, letter, DHS, security, michael, records, FOIA, states, united, disclosure, ICE


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U.S. Department Homeland Security
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
U.S. Immigration
and Customs
Enforcement
June 2015
Michael Napier
2525 East Arizona Biltmore Circle; Suite 135
Phoenix, 85016
RE:
Edward Bud Tuffly U.S. Dept. Homeland Security, No. 2:15-cv-00067-ROS
(D. Ariz., filed January 15, 2015), ICE FOIA Case Number 2015-ICF0-06247
Dear Mr. Napier:
U.S. Immigration and Customs Enforcement (ICE) providing you with release documents
responsive the Freedom Information Act (FOIA) request filed your client Edward Tuffly
dated November 10, 2014, seeking:
Records sufficient identify all ICE detainees released late February early March
2013 from the following detention facilities due alleged fiscal budget uncertainty:
(a) Central Arizona Correctional Center Florence, Arizona; (b) Eloy Detention Center Eloy, Arizona; (c) Florence Correctional Center Florence, Arizona; (d) Florence
SPC Florence, Arizona; and (e) Pinal County Adult Detention Center Florence,
Arizona.
For each detainee identified the I-213 form(s) documenting the detainees arrest.
For each detainee identified, records sufficient identify: (a) the date the detainee was
released; (b) the facility from which the detainee was released; (c) the detainees criminal
history criminal charges the time release; (d) methods supervision which the
detainee was subjected; and (e) whether the detainee appeared for subsequent removal
other proceedings and/or was removed from the United States. November 17,2014, your client identified the exact date range for the requested records
February 22, 2013, through March 15, 2013. This FOIA request the subject the above
referenced litigation matter.
This request being processed under the FOIA, U.S.C. 552.
This release consists four hundred and one (401) pages and one (1) Microsoft Excel
spreadsheet located pursuant search the ICE Office Enforcement and Removal
Operations (ERO). Portions the documents were withheld pursuant Exemptions b(6),
b(7)(C), and b(7)(E) ofthe FOIA.
ICE applied Exemptions (b)(6) and (b)(7)(C) protect from disclosure the names and personally
identifiable information pertaining detainees and third party individuals.
Michael Napier
Tuffly DHS, No. 2:15-cv-00067-ROS (D. Ariz., filed January 15, 2015)
FOIA Exemption (b)(6) exempts from disclosure personnel medical files and similar files,
the release which would cause clearly unwarranted invasion personal privacy. The
assertion this exemption requires balancing the publics right disclosure against the
individuals right privacy. The privacy interests the individuals the records you have
requested outweigh any minimal public interest disclosure the information. Any private
interest you your client may have that information does not factor into the aforementioned
balancing test.
FOIA Exemption (b)(7)(C) protects records information compiled for law enforcement
purposes that could reasonably expected constitute unwarranted invasion personal
privacy. This exemption takes particular note the strong interests individuals, whether they
are suspects, witnesses, investigators, not being unwarrantably associated with alleged
criminal activity. That interest extends persons who are not only the subjects the
investigation, but those who may have their privacy invaded having their identities and
information about them revealed connection with investigation. Based upon the traditional
recognition strong privacy interest law enforcement records, categorical withholding
information that identifies third parties law enforcement records ordinarily appropriate.
such, have determined that the privacy interest the identities individuals the records you
have requested clearly outweigh any minimal public interest disclosure the information.
Please note that any private interest you may have that information does not factor into this
determination.
ICE applied Exemption (b)(7)(E) protect from disclosure data such internal law
enforcement systems, case numbers, agency case numbers and dates arrests, the release
which would allow person with unauthorized access potentially circumvent the law.
FOIA Exemption (b)(7)(E) protects records compiled for law enforcement purposes, the release which would disclose techniques and/or procedures for law enforcement investigations
prosecutions, would disclose guidelines for law enforcement investigations prosecutions,
such disclosure could reasonably expected risk circumvention the law. ICE has
determined disclosure certain law enforcement sensitive information contained within the
responsive records could reasonably expected risk circumvention the law. Additionally,
the techniques and procedures issue are not well known the public. you have any questions about this response, please contact Assistant United States Attorney
Katherine Branch (602) 514-7762.
Sincerely,
Attachment(s): .pdf containing 401 pages, Excel Spreadsheet
cc: Katherine Branch, Assistant United States Attorney
www.ice.gov