Records, Thomas Francis Gambino
It is a clone of this request.
| Tracking # |
CBP-FO-2024-006589 |
| Submitted | Oct. 14, 2023 |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All records of border crossing and/or secondary screening or other interactions with CBP for the individual named Thomas Francis Gambino, who had the date of birth of August 23, 1929.
Attached, find a newspaper article proving Thomas Gambino is dead. Records concerning Gambino as the main subject have diminished privacy interest under both FOIA and the Privacy Act and are disclosable.
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,
T. McElwee
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 Oct. 16, 2023. Please let me know when I can expect to receive a response.
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 Oct. 16, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-FO-2024-006589.
Thanks for your help, and let me know if further clarification is needed.
From: United States Customs and Border Protection
T. McElwee
N/A
MuckRock News, DEPT MR153332
263 Huntington Ave
Boston, Massachusetts 02115
06/18/2024
CBP-FO-2024-006589
Dear T. McElwee:
This notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 10/15/2023. Please use the following unique FOIA tracking number CBP-FO-2024-006589 to track the status of your request.
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.
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). Please note that due to the increasing number of FOIA requests received by this office, and a current backlog, it may take 6-9 months to receive a response to your FOIA request. We are diligently working to process each request as quickly as possible, in the order they were received. We appreciate your patience during this time.
For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit http://www.cbp.gov/site-policy-notices/foia.
Please note that this message has been sent from an unmonitored e-mail account. Any messages sent to this account will not be read.
Sincerely,
U.S. Customs and Border Protection
From: United States Customs and Border Protection
T. McElwee
N/A
MuckRock News, DEPT MR153332
263 Huntington Ave
Boston, Massachusetts 02115
06/21/2024
CBP-FO-2024-006589
Dear T. McElwee:
A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-FO-2024-006589, requesting records maintained by CBP.
CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions notated below:
Exemption Summary:
(b)(6) (b)(7)(C)
Pursuant to exemption (b)(6) (b)(7)(C), 0 pages have been withheld in full and 1 pages in part.
Permits withholding of records and information about individuals when disclosure would be a clearly unwarranted invasion of personal privacy.
Permits withholding of records when an unwarranted invasion of personal privacy could reasonably be expected.
Pursuant to DHS Instruction 262-11-004, FOIA Officers at DHS have been instructed to withhold personally identifiable information (PII) and sensitive personally identifiable information (SPII) of DHS personnel unless a determination is made that the disclosure does not raise security or privacy concerns, or if those concerns are outweighed by any public interest in that information. This policy is available online. Under this policy, the names of senior leaders, spokespersons, and political appointees are generally releasable. With respect to this FOIA request, DHS may have applied FOIA Exemption 6 to protect PII of DHS employees, including names and contact information. To the extent that has DHS withheld employee PII within these records, it has been determined that the employee(s) has/have substantial and legitimate privacy interests and that these interests are not outweighed by any public interest in the operations of the Department.
For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. 552(c). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.
You may notice a recent date on the attached records. This is the date our processor queried the record in response to your FOIA request. For clarity, it is not the date the agency first created the record.
The following item(s) also apply to your request:
• Approximately [ 0 ] pages were withheld in their entirety.
• Fees: In the processing of this FOIA request, no fees are being assessed.
• Other:
This completes the CBP response to your request. You may contact CBP's FOIA Public Liaison, Charlyse Hoskins, by sending an email via your SecureRelease account, mailing a letter to 90 K St, NE MS 1181, Washington DC, 20229 or by calling 202-325-0150. (If you need telecommunication relay service (TRS) assistance to communicate with the CBP FOIA Office and you are in the United States, please dial 711 to obtain TRS assistance and notify the Communications Assistant that you want to contact the CBP FOIA Office at the telephone number (202) 325-0150). The FOIA Public Liaison is able to assist in advising on the requirements for submitting a request, assist with narrowing the scope of a request, assist in reducing delays by advising the requester on the type of records to request, suggesting agency offices that may have responsive records and receive questions or concerns about the agency’s FOIA process. Please notate file number CBP-FO-2024-006589 on any future correspondence to CBP related to this request.
If you are not satisfied with the response to this request, you have a right to appeal the final disposition. Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.8. Please include as much information as possible to help us understand the grounds for your appeal. You should submit your appeal via your SecureRelease account . If you do not have computer access, you may send your appeal and a copy of this letter to: FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177. Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. Additional information can be found at the following link https://www.cbp.gov/sites/default/files/assets/documents/2019-Dec/definitions-exemptions-foia_0.pdf.
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; or facsimile at 202-741-5769. Please note that contacting the CBP FOIA Public Liaison or OGIS does not stop the 90-day appeal clock and is not a substitute for filing an administrative appeal.
Please note that this message has been sent from an unmonitored e-mail account. Any messages sent to this account will not be read.
Sincerely,
U.S. Customs and Border Protection
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 Oct. 16, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-FO-2024-006589.
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 Oct. 16, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-FO-2024-006589.
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 Oct. 16, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #CBP-FO-2024-006589.
Thanks for your help, and let me know if further clarification is needed.
From: United States Customs and Border Protection
11/25/2024
Request Number: CBP-FO-2024-006589
Dear T. McElwee:
Please use the following link to navigate to your documents. This link will be available for 365 days.
To retrieve the records associated with this request use this link Released Documents for Request CBP-FO-2024-006589 or enter https://www.securerelease.us/request-details/5EEE19C2-6AD8-4E36-B94E-50B924932C91/2 in your browser’s address bar. (https://www.securerelease.us/request-details/5EEE19C2-6AD8-4E36-B94E-50B924932C91/2)
Please login or create a new user account using the email address associated with your records request: requests@muckrock.com
