Immigration News

Undocumented Alien Convicted of Assaulting Federal Officer

LAREDO, Texas – A 54-year-old undocumented Mexican National has been convicted of assaulting a Border Patrol agent, announced Acting U.S. Attorney Abe Martinez. A federal jury in Laredo returned the verdicts today against Miguel Cabrera-Rangel following a two-day trial and less than five hours of deliberation.

During trial, the jury heard testimony from a Border Patrol (BP) agent who was investigating a report of possible undocumented aliens on a ranch near Hebbronville. He came upon a group of aliens and attempted to apprehend them. Cabrera was one of them and engaged in a struggle with the agent and gained control of the agent’s service flashlight. Cabrera punched the agent in the face and struck him with the flashlight, causing a bilateral fracture of the nose along with lacerations and contusions. Cabrera fled, but was later apprehended on a fishing boat in Copano Bay off Corpus Christi.

U.S. District Judge Diana Saldaña presided over the trial will set sentencing at a later date. At that time, Cabrera faces up to eight years imprisonment and a possible $250,000 maximum fine. Cabrera has been in custody since his arrest where he will remain pending that hearing.
FBI investigated the case in conjunction with BP. Assistant U.S. Attorneys Michael Bukiewicz and Christopher Coker prosecuted the case.

DHS Announces Implementation Of Travel Restriction Provisions

WASHINGTON – The Department of Homeland Security, in coordination with the Departments of State and Justice, will begin the implementation of certain travel restriction provisions in the President’s Executive Order: Protecting the Nation from Foreign Terrorist Entry into the United States at 8 pm EDT today.

Per the Executive Order and the associated June 14 Presidential Memorandum, the temporary suspension of entry applies, with limited exceptions, only to foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen, who are outside the United States as of June 26, who did not have a valid visa at 5 p.m. EST on January 27, and who do not have a valid visa as of 8 p.m. EDT on June 29.
For purposes of enforcement of Executive Order No. 13780, visas that have been issued by the Department of State prior to the effective date of the Executive Order -June 29 at 8 p.m. EDT- are to be considered as valid for travel and seeking entry into the United States unless revoked on a basis unrelated to EO 13780. Persons from the six countries presenting themselves for entry with a valid previously issued visa and who meet other universally applied entry requirements will be admitted.

The Department expects business as usual at our ports of entry upon implementation of the EO today. U.S. Customs and Border Protection officers are trained and prepared to professionally process in accordance with the laws of the United States persons with valid visas who present themselves for entry. We expect no disruptions to service.

U.S. Citizenship and Immigration Services, in coordination with the Departments of State and Justice, has provided guidance to its workforce regarding the adjudication of refugee applications to ensure proper implementation of EO 13780 in light of the Supreme Court’s order.
It remains true at all times that all individuals seeking entry to the United States remain subject to all laws governing entry into the U.S., including all rules and regulations promulgated pursuant to the Immigration and Nationality Act, and any other relevant statutory authority and all extant presidential orders and directives.

The Executive Order’s Travel Restrictions do not apply to:
(a) Lawful permanent residents;
(b) Any foreign national admitted to or paroled into the United States on or after June 26, 2017;
(c) Non-Immigrant visa classifications: A-1, A-2, NATO 1 though NATO 6, C-2, C-3, G-1, G-2, G-3, and G-4;
(d) Any foreign national who has been granted asylum, any refugee who has already been admitted to the United States, or any individual who has been granted withholding of removal or protection under the Convention Against Torture;
(e) Any foreign national who has a document other than a visa, valid on June 26, 2017 or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as an advance parole document;
(f) Aliens who present at the port of entry boarding foils, including YY or ZZ boarding foils, or transportation letters, including those documents issued to follow-to-join asylees.
(g) Any dual national of Iran, Libya, Somalia, Sudan, Syria, and Yemen who is traveling on a passport issued by a country other than one of those six countries.
(h) Any national who has obtained a waiver pursuant to the terms of the EO or any individual covered by the portion of the injunction not stayed by the Supreme Court’s decision, i.e., “foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the United States.”
(i) Any individual seeking admission as a refugee who, before 8 p.m. EDT on June 29, 2017, was formally scheduled for transit by the Department of State. After 8 p.m. EDT on June 29, 2017, if a first-time refugee is issued travel documents, those documents are evidence that the refugee has been cleared for travel and the EO will not apply.

DHS Awards Grants to Counter Terrorist Recruitment and Radicalization in U.S.

WASHINGTON– Today, the Department of Homeland Security (DHS) announced the award recipients for the Countering Violent Extremism (CVE) Grant Program. These grants support community-led initiatives across the country to combat all forms of violent extremism, including the rising threat from Islamist terrorism.

“We are witnessing a global surge in terrorist activity, and in many ways our own backyard has become the battleground,” said Secretary of Homeland Security John F. Kelly. “That is why DHS is focused on stepping up efforts to counter terrorist recruitment and radicalization, including through close collaboration with state and local partners. Shortly, after starting at DHS, I requested a thorough policy review of the CVE Grant Program to ensure taxpayer dollars go to programs with the highest likelihood of success, that support the men and women on the front lines of this fight, and that can be self-sustaining into the future. We will closely monitor these efforts to identify and amplify promising approaches to prevent terrorism.”

DHS awarded $10 million to 26 local law enforcement and community organizations. A list of the grant recipients can be found here: https://www.dhs.gov/cvegrants

The Department’s efforts to partner with communities are a part of its terrorism prevention mission. These grants will help communities identify and counter terrorist recruitment and radicalization, including deterring individuals before they engage in criminal behavior or terrorist plotting. Among other activities, these DHS investments will help foster counter narratives to push back against terrorist messaging and will assist local law enforcement in building the trust needed to intervene in time to keep young people from going down the path toward violence.
The grant program was created by Congress in December 2015, and it will be executed by the DHS Office for Community Partnerships, in conjunction with the Federal Emergency Management Agency, which will ensure the public funds are used appropriately.

For more information on the CVE Grant Program, visit https://www.dhs.gov/ countering-violent-extremism.

Justice Department Secures the Denaturalization of a Repeat Child Sex Abuser

On June 27, Judge Vanessa D. Gilmore of the U.S. District Court for the Southern District of Texas entered an order that revoked the naturalized U.S. citizenship of a child sex abuser, restrained and enjoined him from claiming any rights, privileges, or advantages of U.S. citizenship, and ordered him to immediately surrender and deliver his Certificate of Naturalization and any other indicia of U.S. citizenship to federal authorities, the Justice Department announced.

“The Justice Department is committed to preserving the integrity of our nation’s immigration system,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “We will aggressively pursue denaturalization in cases where individuals lie on their naturalization applications, especially in a circumstance like this one, which involved a child sex abuser. Civil denaturalization cases are an important law enforcement tool for protecting the public, including our children.”

Jose Arizmendi, 54, a native of Mexico, pleaded guilty in April 1996 to aggravated sexual assault of a child in the District Court of Harris County, Texas. When Arizmendi applied for naturalized citizenship later that month and again when he was interviewed in connection with his application in October 1996, he answered “no” when asked if he had “ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance excluding traffic regulations.” Relying on this answer, the U.S. government granted his naturalization application and Arizmendi became a U.S. citizen later that year. When the Department of Justice filed a complaint in federal court to initiate denaturalization proceedings in February 2015, Arizmendi was serving an 18-year prison sentence in Mexico for a separate sex offense of rape that he committed in that country.

To perfect service of process on Arizmendi and bring him within the jurisdiction of the U.S. District Court for the Southern District of Texas, the Department’s trial team invoked the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, commonly referred to as the “Hague Service Convention,” with the Mexican government to serve the complaint on Arizmendi in a Mexican prison. Judge Gilmore ruled that Arizmendi’s Texas conviction precluded him from demonstrating the requisite good moral character he needed to qualify for U.S. citizenship at the time he naturalized. Judge Gilmore also ruled that he did not meet the requirements for naturalization and unlawfully procured his citizenship because he concealed his conviction from federal immigration authorities.

“Applications for naturalization must be candid with all material facts,” said Acting U.S. Attorney Abe Martinez for the Southern District of Texas. “Like in this case, failing to disclose material data should result in denaturalization.”

U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS) conducted the investigation. Trial Attorney Troy Liggett of OIL-DCS’s National Security and Affirmative Litigation Unit and Assistant U.S. Attorney Adam Goldman of the U.S. Attorney’s Office for the Southern District of Texas jointly prosecuted the case with support from Paralegal Specialist Judith Cardona.

Agents Find Heroin Concealed in Woman’s Groin

TUCSON, Ariz. – Nogales Station Border Patrol agents working the Interstate 19 immigration checkpoint Wednesday afternoon found more than 2 pounds of heroin concealed in the groin area of a 58-year-old Mexican woman. Heroin was discovered during an immigration inspection on a commercial shuttle-bus. When a female agent obtained permission from the woman to conduct a body search, the agent detected a foreign object in the woman’s groin area.

Agents arrested the woman for narcotics smuggling after determining the object was a package of heroin, worth almost $35,000. She was then transported to the Nogales Border Patrol Station and later turned over to the Drug Enforcement Administration for processing.
U.S. Customs and Border Protection officials welcome assistance from the community. Citizens can report suspicious activity to the U.S. Border Patrol and remain anonymous by calling 1-877-872-7435 toll free.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Border Patrol Stops Semi-Truck Holding more than 1.5 Tons of Marijuana

SALTON CITY, Calif. – El Centro Sector Border Patrol agents from the Indio Border Patrol Station assigned to the Highway 86 checkpoint arrested a man suspected of smuggling marijuana on Friday.

The incident occurred at approximately 12:15 a.m., when a 2006 white semi-truck approached the checkpoint.

A Border Patrol detection canine alerted to the semi-truck during a pre-primary inspection. Agents referred the man to secondary inspection area for a closer examination. After an extensive search, agents discovered several pallets loaded with 38 cardboard boxes containing 150 packages wrapped in cellophane. The contents of the packages tested positive for the characteristics of marijuana.

“This was a fairly large seizure and our agents did an outstanding job of interdicting it,” said Assistant Chief Patrol Agent David S. Kim. “Criminal networks should be afraid to conduct their activities at our border or at our checkpoints. In addition to our tried and true methods of interdiction, we continue to strengthen our ability to dismantle criminal enterprises.”

The 150 bundles in the semi-truck had a combined weight of 3,575 pounds with an estimated street value of $1,716,000. Agents find 38 cardboard boxes holding 150 packages of marijuana.

The man, a Mexican national, the semi-truck, and narcotics were turned over to the Drug Enforcement Administration for further investigation.

In fiscal year 2017, El Centro Sector has seized more than 5,354 pounds of marijuana.

CBP Bringing Global Entry Enrollment Event To Fargo

PEMBINA, N.D. — U.S. Customs and Border Protection announces a Global Entry enrollment workshop in Fargo. CBP will conduct interviews for conditionally approved Global Entry applicants during this enrollment event.

Global Entry is a voluntary expedited clearance program for pre-approved, low-risk international travelers, who are processed by biometric identification using a designated kiosk, rather than waiting in line for entry processing by a CBP officer when entering the U.S. at a participating airport. The kiosks speed entry by reducing wait and processing times.

CBP officer processes Global Entry applicant to become a conditionally approved Global Entry applicant, individuals must apply online, undergo a background investigation and complete an in-person interview with a CBP officer. If no disqualifying information is found, travelers receive the benefit of expedited processing with Global Entry. The $100 application fee allows for five years of membership. Travelers can use nearly 300 Global Entry kiosks at 34 U.S. airports, and 10 pre-clearance locations in Canada and Ireland.

“CBP’s goal for this enrollment event is to provide a convenient, easy-access, local venue for conditionally approved Global Entry applicants to complete the required interview with a CBP officer,” said Area Port Director Jason Schmelz.

During the enrollment event, the temporary Enrollment Center will open on August 29 and close on August 30 with daily Enrollment Center hours from 9 a.m. to 5 p.m., Central Time.

Travelers interested in applying for Global Entry may apply online using the Global Online Enrollment System GOES. With the enrollment event quickly approaching, applicants should start the application process now. Applications must be submitted no later than Aug. 1. The application vetting process takes six to eight weeks for conditional approval.

Global Entry also provides access to the TSA Pre?™ initiative, which offers expedited screening through domestic airport security checkpoints. Benefits of TSA Pre?™ include being able to leave shoes, light outerwear and belts on, and not having to remove laptops from carrying cases.
More information on CBP’s Global Entry Program can be found at Global Entry or by visiting the CBP homepage at www.cbp.gov.

Woman Arrested for Smuggling Man in Trunk

TUCSON, Ariz. – Nogales Station Border Patrol agents working at the Interstate 19 immigration checkpoint Wednesday afternoon discovered a 22-year-old Mexican man being smuggled in the trunk of a Nissan sedan.
The man was discovered after agents obtained permission from the driver, a 19-year-old female U.S. citizen, to look inside the trunk during a secondary inspection. Man hiding in trunk of vehicle.

Agents arrested both individuals. The driver is being charged for alien smuggling while the Mexican national will face charges for immigration violations.

At the time of the arrest, the outdoor temperature was 102 degrees; which possesses a significant danger to anyone locked in the trunk of a car.
Federal law allows agents to charge individuals by complaint, a method that allows the filing of charges for criminal activity without inferring guilt. An individual is presumed innocent unless and until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
U.S. Customs and Border Protection officials welcome assistance from the community. Citizens can report suspicious activity to the Border Patrol and remain anonymous by calling 1-877-872-7435 toll free. Contacting the Border Patrol to report illicit activity could result in saving someone’s life.

U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.

Two Afghan Men Plead Guilty to Conspiring to Import Heroin into the United States

WASHINGTON – DEA Special Operations Division Special Agent in Charge Raymond Donovan and Acting United States Attorney for the Southern District of New York Joon H. Kim today announced that Lajbar Lajward Khan, a/k/a “Haji Lajaward,” and Amal Said Alam Shah, a/k/a “Haji Zar Mohammad,” pled guilty to conspiring to import heroin into the United States, and to distributing heroin with the intent to import into the United States. Lajaward and Said pled guilty yesterday to a Superseding Indictment in Manhattan federal court before U.S. District Judge Kimba M. Wood.

“The United States has been besieged by traffickers bringing drugs into our country,” said DEA Special Operations Division Special Agent in Charge Raymond Donovan. “Through close cooperation with our foreign counterparts, the United States brought these international drug-traffickers to justice, taking another step in keeping illegal and harmful drugs out of the hands of Americans.”

According to court documents, between May 2014 and June 2015, Lajaward and Said worked together in an effort to import large quantities of heroin—in the range of 1,000 kilograms—from Afghanistan into the United States. In August 2014, Lajaward began communicating by telephone with an undercover agent of the DEA (the “UC”). Lajaward told the UC that he was interested in supplying large quantities of high-quality heroin for importation into the United States, where it would be sold for millions of dollars. In the course of the calls between Lajaward and the UC, Lajaward introduced the UC to one of Lajaward’s heroin-trafficking associates, Said.

On October 30, 2014, Lajaward continued to express his interest in supplying large quantities of heroin to the UC for importation into the United States, and Lajaward offered to supply a sample of heroin to the UC, as a test shipment to be sold in the United States.

During recorded calls, Lajaward, Said, and the UC agreed that the delivery of the three-kilogram heroin sample would occur in Kabul on or about January 15, 2015. On that day, an undercover Afghan law enforcement officer, acting at the direction of the DEA and posing as an associate of the UC, met with Lajaward and one of Lajaward’s associates in Kabul and received delivery of the three-kilogram heroin sample. At the same time, more than 1,000 miles away in Dubai, the UC met with another associate of Lajaward to pay for the heroin sample, as had been arranged during recorded calls between the UC and Lajaward. At that meeting, the UC paid $10,500 to the associate for the heroin sample.

About two weeks later, on January 28, 2015, Said met with the UC in Dubai. Said discussed the heroin sample that the DTO had recently supplied for importation into the United States, stated that the DTO was prepared to supply 1,000 kilograms of heroin to the UC, and indicated that it would only take the DTO about 15 days to produce 100 kilograms of heroin for shipment to the United States.

On April 2, 2015, Said met again with the UC in Dubai where they negotiated additional details of the agreement for the DTO to supply massive quantities of heroin for importation into the United States, indicating that Lajaward and Said would share in the profits generated from the sale of the heroin in the United States.

In June 2015, Lajaward and Said traveled to Bangkok, Thailand, to meet with the UC. On June 13, 2015, Lajaward and Said were arrested in Bangkok by Thai authorities based on the charges in this case, at the request of U.S. authorities. Lajaward and Said were later brought to the United States to face the charges against them.

Lajaward and Said each face a maximum sentence of life imprisonment and a mandatory minimum sentence of 10 years’ imprisonment. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only. Sentencing will be determined by a judge and is scheduled for Nov. 1, 2017, at 3:30 p.m. before Judge Wood.

This prosecution is being handled by the U.S. Attorney’s Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Rebekah Donaleski and George D. Turner are in charge of the prosecution.