Freedom of Information Act/Privacy Act Request1

Freedom of Information Act/Privacy Act Request1

<NAME>

Without Prejudice

<CITY>, <STATE> <ZIP>

<DATE>

Certified Mail No:

(Please include the requester's name in your reply)

Margaret P. Grafeld, Information & Privacy Coordinator
Office of Information Resources Management Programs and Services,
A/RPS/IPS, SA-2
Department of State
Washington, D.C.20522-6001
Re: Freedom of Information Act Request

RE: Privacy Act Request

Dear Sirs:

This is a request under the FREEDOM OF INFORMATION ACT at 5 U.S.C. 552, PRIVACY ACT at 5 U.S.C. 552a. These documents are not sought for any commercial purposes. This is my firm promise to pay fees and costs for locating and duplicating the records requested below.

Understanding that most exemptions are discretionary, rather than mandatory, if for some reason you determined any portion of this request to be exempt from release, please furnish the following:

(1)Those portions reasonably segregable after the exempt material is deleted;

(2)Detailed justification for your discretionary exemption since the overriding objective of the FOIA is to maximize public access to agency records. and;

(3)Provide the name of the official and correct address to whom an administrative appeal should be addressed.

I am requesting copies of records in lieu of personal inspection of the requested records.

I am attesting under the penalty of perjury under the laws of the united States of America 28 U.S.C. 1746(1) and from without the "United States", that I am a category 5 CFR 294.103(d) requester. Pursuant to 5 U.S.C. 552(a)(6)(A)(i), you have no more than 20 days to respond to this request.

Because these documents are expected to be used in a court proceeding, please certify all documents, or have them certified as true and correct, preferably with the original seal or stamp of the Secretary of State.

Item # / Description
1 / Certified copy of the approved passport application, form DS-11, for <NAME>, Passport Number ______ (passport number). Certification of this document is VERY important, since it will be used as evidence in a trial.
2 / Complete listing of all properties within San Diego County, California that have been ceded to the federal government by an act of the state legislature as required by 40 U.S.C. §255 and its successors 40 U.S.C. §§3111 and 3112.
3 / Copy of the cession documents, if any, for the Federal Courthouse building located at 880 Front Street, San Diego, California. If no such documents exist, please simply state “The federal courthouse is not located on federal property”.
4 / Copy of the regulation, published by the Department of State in the federal register, which authorizes the Department of State to deny requests from citizens for “Certificates of non-citizen national Status” as required by 8 U.S.C. §1452. See:
5 / Regulations, statutes, and internal agency directives and instructions which would precisely define the term “continental United States” as used in 8 CFR 215.1(f). That term would appear to mean only “The District of Columbia, Virgin Islands, Puerto Rico, and Guam”, based on the legal definition of “State” found in 8 U.S.C. §1101(a)(36). If you have any records, internal agency directives, sections out of the Foreign Affairs Manual (FAM), statutes, or regulations suggesting a contrary definition, please provide them or simply state “we have no documents responsive to your request and no basis to define the term ‘continental United States’ any way other than that which you specified.”.
6 / Any documents, records, statutes, or regulations which might suggest that I am a “citizen of the United States” under 8 U.S.C. §1401 as a person born in a state of the Union on land not ceded to the federal government by the state legislature.

In your agency's response to my request, please identify the record systems searched as well as the scope, depth and nature of the search for appropriate data. Should you decide this request has been sent to the wrong office, please make certain that you forward it to the proper office and notify me of same.

I understand the penalties provided in 5 U.S.C. 552(a)(i)(3) for requesting or obtaining access to records under false pretenses.

Respectfully submitted,

<NAME>

Enclosure(s):

Photocopy of Passport enclosed to provide proof of identification.