Dumitrascu Mortality Review
| Tracking # |
2025-ICAP-00105 2024-ICFO-28664 |
| Submitted | April 3, 2024 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Andrew Free
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
A copy of the ICE Health Services Corps Mortality Review for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023.
I hereby request expedited processing of this request pursuant to 6 CFR 5.5(e) and in support of this request, attest under penalty of perjury pursuant to 28 USC 1746 that the following statements are true and correct to the best of my knowledge:
1. I am a member of the media, primarily engaged in the dissemination of information.
2. There is an urgency to inform the public about the circumstances of Mr. Dumitrascu's death.
3. At least 7 people detained in the same area as Mr. Dumitrascu declared under oath that his care was delayed by CoreCivic staff.
4. Multiple individuals detained with Mr. Dumitrascu on the night of his death declared under oath that CoreCivic shut off telephone lines in the hours following his death -- preventing them from communicating what happened.
5. At least one person detained with Mr. Dumitrascu on the night of his death alleged CoreCivic and ICE accelerated the process of his removal in retaliation for attempting to share information about the death.
6. CoreCivic facilities have previously been fined for negligence and contract violations that preceded deaths in ICE custody. See, e.g., https://www.documentcloud.org/documents/24529304-stewart-contract-discrepancy-dec-2018.
7. At least 55 deaths have occurred at CoreCivic's ICE facilities since 2003--more than any other ICE contractor.
8. Since early 2017, ICE ceased affirmatively publishing detainee death reviews, forcing families to file FOIAs and sue when their loved ones die in order to obtain basic information on the government's findings.
9. Congress recently approved the expansion of ICE detention by more than 20% -- up 7,500 beds to 41,500 funded.
10. DHS and the present administration proposed cuts to inspection budgets for ICE detention centers, rendering the public less able to assess the lethality of ICE detention operations, including those at Otay Mesa.
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,
Andrew Free
From: Immigration and Customs Enforcement
"04/06/2024
Andrew Free
MuckRock News DEPT MR 161638
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-28664
Dear Requester:
This acknowledges receipt of your 4/3/2024, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for Mortality Review for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023. Your request was received in this office on 4/3/2024.
Upon review of your request, ICE has determined that this office has previously responded to your request on 4/3/24under FOIA case number 2024-ICFO-28664. A similar request is currently being processed under FOIA tracking number 2024-ICFO-28664.
As this request is a duplicate of your previous request, it has been administratively closed.
If you have any questions, please contact our FOIA Public Liaison, Daniel Edgington at the address above or (866) 633-1182. Please use tracking number 2024-ICFO-28664 in any correspondence. 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.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009"
From: Andrew Free
Good afternoon,
There was no other response. The one you identified as "duplicate" is the only one, as displayed by assigning it the same tracking number as the one you said you previously received. This is an administrative error, so we truly hope you'll administratively reopen this request, grant it expedited processing, and produce the record.
Please let us know by April 17 if that is not something your office is willing to do so that we may explore our next steps.
From: Immigration and Customs Enforcement
04/17/2024
Andrew Free
MuckRock News DEPT MR 161638
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-28664
Dear Requester:
This acknowledges receipt of your 4/3/2024, Freedom of Information Act (FOIA) request to U.S. Immigration and Customs Enforcement (ICE), for copy of the ICE Health Services Corps Mortality Review for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023. Your request was received in this office on 4/3/2024.
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’re able to narrow the scope of your request please contact our office. Narrowing the scope may speed up the search process. 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 non-commercial requesters. As a non-commercial requester, you will be charged 10 cents per page for duplication; the first 100 pages are free, as are the first two hours of search time, after which you will pay the per quarter-hour rate ($4.00 for clerical personnel, $7.00 for professional personnel, $10.25 for managerial personnel) of the searcher. 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.
If you have any questions, please contact FOIA Public Liaison, Daniel Edgington at 500 12th Street, SW, Washington DC 20536 or (866) 633-1182. Additionally, you have a 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.
Your request has been assigned reference number 2024-ICFO-28664. Please use this number in future correspondence.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
From: Andrew Free
Good afternoon -
Ten Calendar Days have passed without a determination on our expedited processing request. Does the agency intend to make the legally required determination?
Thank you,
Andrew Free
From: Immigration and Customs Enforcement
Andrew Free
MuckRock News DEPT MR 161638
Boston, Massachusetts 02115
RE: ICE FOIA 2024-ICFO-28664
Dear Requester:
This email is in response to your status inquiry regarding ICE FOIA 2024-ICFO-28664, in which you have requested copy of the ICE Health Services Corps Mortality Review for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023.
As of today, your request is currently pending the search for responsive documents. If any responsive records are located, they will be reviewed for a determination of releasability.
ICE FOIA apologizes for the delay in the processing of your request. 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.
If you have any questions, please contact FOIA Public Liaison, Daniel Edgington at the address above or (866) 633-1182. Additionally, you have a 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.
Your request has been assigned reference number 2024-ICFO-28664. Please use this number in future correspondence.
Sincerely,
ICE FOIA Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on April 3, 2024. Please let me know when I can expect to receive a response. You had assigned it reference number #2024-ICFO-28664.
Thanks for your help, and let me know if further clarification is needed.
From: Immigration and Customs Enforcement
12/30/2024
Andrew Free
MuckRock News DEPT MR 161638
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2024-ICFO-28664
Dear Requester:
This letter is the final response to your Freedom of Information Act (FOIA) Appeal on remand. You had appealed an adverse determination of your request dated 4/3/2024. You have requested copy of the ICE Health Services Corps Mortality Review for Cristian Dumitrascu, who died at the CoreCivic Otay Mesa Detention Center on March 5, 2023.
ICE considered the foreseeable harm standard when reviewing the record set and has applied the FOIA exemptions as required by the statute and the Attorney General’s Guidance.
We have considered your request under the both the FOIA, 5 U.S.C. § 552, and the Privacy Act Privacy Act, 5 U.S.C. § 552a. After review of the documents, I have determined that portions of documents will be withheld pursuant to Exemption 6 of the Privacy Act and Exemptions 7 of the FOIA as described below.
FOIA Exemption 6 exempts from disclosure personnel or medical files and similar files the release of which would cause a clearly unwarranted invasion of personal privacy. This requires a balancing of the public’s right to disclosure against the individual’s right privacy. The types of documents and/or information that we have withheld may consist of social security numbers, home addresses, dates of birth, or various other documents and/or information belonging to a third party that are considered personal. The privacy interests of the individuals in the records you have requested outweigh any minimal public interest in disclosure of the information. Any private interest you may have in that information does not factor into the aforementioned balancing test.
FOIA Exemption 7(C) protects records or information compiled for law enforcement purposes that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This exemption takes particular note of the strong interests of individuals, whether they are suspects, witnesses, or investigators, in not being unwarrantably associated with alleged criminal activity. That interest extends to persons who are not only the subjects of the investigation, but those who may have their privacy invaded by having their identities and information about them revealed in connection with an investigation. Based upon the traditional recognition of strong privacy interest in law enforcement records, categorical withholding of information that identifies third parties in law enforcement records is ordinarily appropriate. As such, I have determined that the privacy interest in the identities of individuals in the records you have requested clearly outweigh any minimal public interest in disclosure of the information. Please note that any private interest you may have in that information does not factor into this determination.
Exemption 7(E) protects records compiled for law enforcement purposes, the release of which would disclose techniques and/or procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law. I determined that disclosure of law enforcement systems checks could reasonably be expected to risk circumvention of the law. Additionally, the techniques and procedures at issue are not well known to the public.
If you have any questions please contact FOIA Public Liaison Daniel Edgington at (866) 633-1182 or 500 12th St., SW Stop 5009 Washington, DC 20536-5009.
Sincerely,
Angela Flores
Supervisory Paralegal Specialist
-
8289411-20241230085643122
From: Immigration and Customs Enforcement
Hi Andrew Free,
You have a new message for the request 2024-ICFO-28664. Please login to the SecureRelease Portal to read the message. (https://www.securerelease.us/request-details/3ff69ef8-dffe-4819-8385-e60dea7781ee/3/messages/21100b88-8daf-4bef-8ed6-a41f1c9f32a8)
| noreply@securerelease.us is not monitored by a FOIA Office or Agency personnel. Replies sent to this address will not be reviewed.
From: Immigration and Customs Enforcement
01/02/2025
RE: ICE FOIA Case Number 2025-ICAP-00051
Dear Requester:
ICE's final response to your FOIA request, 2025-ICAP-00051, for Appeal 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 Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
-
8298561-20250102095135857
From: Andrew Free
Good morning,
We appeal all the withholdings in the records released December 30, 2024.
Thank you,
Andrew Free
From: Immigration and Customs Enforcement
02/11/2025
Andrew Free
MuckRock News DEPT MR 161638
Boston, Massachusetts 02115
RE: ICE FOIA Case Number 2025-ICAP-00105
Dear Requester:
The Department of Homeland Security has received your letter appealing the adverse determination of your Freedom of Information Act/Privacy Act (FOIA/PA) request by U.S. Immigration and Customs Enforcement. Your appeal, dated on 1/20/2025, was received on 2/7/2025.
The Government Information Law Division acknowledges your appeal request of and is assigning it number 2025-ICAP-00105 for tracking purposes. Please reference this number in any future communications about your appeal.
A high number of FOIA/PA requests have been received by the Department. Accordingly, we have adopted the court-sanctioned practice of generally handling backlogged appeals on a first-in, first-out basis. While we will make every effort to process your appeal on a timely basis, there may be some delay in resolving this matter. Should you have any questions concerning the processing of your appeal, please contact Daniel Edgington ICE FOIA Office/Public Liaison at (866) 633-1182 or at 500 12th St., SW Washington, DC 20536-5009.
Sincerely,
Sara Jazayeri
Chief
Government Information Law Division
ICE Office of the Principal Legal Advisor
U.S. Department of Homeland Security
From: Immigration and Customs Enforcement
03/06/2025
RE: ICE FOIA Case Number 2025-ICAP-00105
Dear Requester:
ICE's final response to your FOIA request, 2025-ICAP-00105, for [Request|Normalized Description] 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 Office
Immigration and Customs Enforcement
Freedom of Information Act Office
500 12th Street, S.W., Stop 5009
Washington, D.C. 20536-5009
-
8731285-20250306110143144