Friday, August 3, 2012

USCIS Posts NEW Updates to Deferred Action for Childhood Arrivals Filing Process

            During a Stakeholder's conference call today, August 3, 2012, the USCIS announced a link to an updated website regarding Requests for Deferred Action for Childhood Arrivals. The updated website has extensive information on the filing process including:

·         Fees and fee exemptions
·         Filing dates
·         Forms
·         Evidence requirements
           
Follow the link below to read this newly released information:

www.uscis.gov/childhoodarrivals

Former Airline Agent Pleads Guilty to Drug Trafficking

A former Delta Airlines ramp agent at Atlanta Hartsfield-Jackson International Airport, who attempted to obtain a suitcase containing more than $614,000 worth of illegal drugs off of a flight from Mexico City, pleaded guilty Tuesday, July 31, 2012, in federal district court to conspiracy to possess with the intent to distribute controlled substances, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Luis Marroquin, 35, of Atlanta, had previously been indicted by a federal grand jury May 1 on charges of conspiracy to possess with the intent to distribute controlled substances and attempting to import methamphetamine and heroin into the United States from Mexico. Kelvin Rondon, 27, of Atlanta, a former Delta Airlines ramp agent who was indicted with Marroquin, pleaded guilty July 19 to the same charge.

United States Attorney Sally Quillian Yates said of the case: "These guilty pleas demonstrate a continued strong commitment by the U.S. Attorney's Office, ICE, our other law enforcement partners and airline security teams to uncover, arrest and successfully prosecute those individuals who traffic illegal drugs through our airport."

"Keeping dangerous drugs out of our communities is a team effort," said Brock D. Nicholson, special agent in charge of HSI Atlanta. "Thanks to the excellent work done by Delta Airlines security and U.S. Customs and Border Protection, HSI special agents were able to unravel this scheme and ensure the defendants will be held accountable for their criminal actions." Nicholson oversees HSI activities in Georgia and the Carolinas.

According to information presented in court, on Jan. 13 at approximately 11:57 a.m. Delta Airlines flight number 364 arrived at the Atlanta Hartsfield-Jackson International Airport from Mexico City, Mexico. Shortly thereafter, a Delta Airlines agent found an unclaimed piece of luggage on a baggage carousel with a tag corresponding to Flight 364. U.S. Customs and Border Protection (CBP) agents inspected the luggage, and determined that it contained multiple packages of methamphetamine and heroin.

Later that same day, HSI special agents interviewed Carlos R. Springer, 41, of Hampton, Ga., who was the performance leader for the shift of ramp employees who off-loaded the baggage on Flight 364. During a search of Springer's cellular telephone, special agents found coded incriminating text messages between Springer and Marroquin around the time of the arrival of the flight which concerned a missing bag. The investigation revealed that Marroquin recruited Rondon to locate the suitcase of drugs from the aircraft and showed Rondon a picture of the bag from Marroquin's cellular telephone in advance of the arrival of the flight.

Marroquin, Rondon and Springer were charged in the same indictment May 1 with conspiracy to possess with the intent to distribute methamphetamine and heroin, and attempting to import methamphetamine and heroin into the United States from Mexico.

A federal grand jury returned a superseding indictment June 6 which also charged Stephanie Baxter, 26, of Atlanta, with concealing and harboring Marroquin while he remained a fugitive in this case. Baxter was in the process of selling Marroquin's assets so that Marroquin could supposedly flee to his native Guatemala. HSI special agents foiled the plan and arrested Marroquin at a residence in Coral Springs, Fla., May 8.

The sentencings for Marroquin and Rondon have not yet been scheduled. Marroquin and Rondon could receive maximum sentences of life in prison and fines of up to $10,000,000. In determining the actual sentences, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Springer's and Baxter's cases remain pending in federal court.

Thursday, August 2, 2012

Operation Community Shield Arrests 14 Foreign Gang Members

Special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) – in close partnership with the Wisconsin police departments of Milwaukee, Greendale and Greenfield – arrested 14 men during an enforcement operation Monday, July 30, 2012. This is the latest local effort in an ongoing national HSI initiative to target foreign-born gang members.

The operation was conducted July 30 in Milwaukee and resulted in the arrests of 13 Mexican nationals and one national of the Dominican Republic, all male.

The Mexican nationals arrested are proven members or associates of the "Mexican Posse" street gang. They are currently in ICE custody pending deportation proceedings. One gang member also faces possible federal prosecution as an illegal alien possession of a firearm.
Also arrested was a previously deported alien from the Dominican Republic. He has been charged in federal court with illegally re-entering the United States after having been deported, a felony punishable by up to 20 years in prison.

All 14 of those arrested have criminal histories that include arrests and convictions for a wide range of crimes committed in the United States. Some of their convictions include narcotics trafficking, criminal damage to property and theft.

"Violent street gangs account for a burgeoning amount of crime in our communities in the Midwest and across the country," said Gary Hartwig, special agent in charge of HSI Chicago. "ICE works in tandem with our local law enforcement partners to identify these gang members and remove them from the streets in the name of public safety."

This investigation was part of HSI's Operation Community Shield initiative. Under Operation Community Shield, HSI partners with existing federal, state and local anti-gang efforts to identify violent street gangs and develop intelligence on gang members and associates, gang criminal activities, and international movements to arrest, prosecute, imprison and/or deport transnational gang members. HSI's National Gang Unit's goal is to deter, disrupt and dismantle gang operations by tracing and seizing cash, weapons and other assets derived from criminal activities.

Since inception in 2005 to date, HSI special agents working in conjunction with federal, state and local law enforcement agencies nationwide have arrested more than 26,726 street gang members and associates. Almost 40 percent of those arrested had a violent criminal history. More than 340 of those arrested were gang leaders and more than 4,000 were MS-13 gang members or associates. Through this initiative nationally, HSI has seized 3,429 firearms. To date, of those arrested, more than 14,200 have been charged criminally, and nearly 12,500 have been charged with immigration violations and processed for removal.

Wednesday, August 1, 2012

Former CBP Officer Sentenced to 115 Days for Investment Fraud

A former San Diego-area officer for U.S. Customs and Border Protection (CBP) who defrauded individuals after promising to invest their money in a technical school was sentenced Friday, July 27, 2012, to 115 days in federal prison, following a probe by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility (OPR).

Dario Tomas, 53, of Oceanside, pleaded guilty in June to wire fraud after admitting he swindled $240,000 from two victims as part of a financial scheme he orchestrated while working for CBP in Busan, Korea, in 2007.

Tomas admitted to falsely promising the two investors, a U.S. serviceman and a South Korean national, that their money would go toward building a computer training school in the Philippines. Tomas furthered the scheme by sending electronic messages to the investors using fraudulent email accounts he set up under other people's names, and by making phone calls so it would appear the project was progressing. Tomas later admitted he lost the money gambling.

Tomas was arrested in October 2010 by special agents with ICE Homeland Security Investigations (HSI) assigned to the agency's attaché office in Manila, aided by officers from the U.S. Diplomatic Security Service and the Philippine National Bureau of Investigations. Tomas was then extradited to South Korea where he served a two-year prison term for the offense.

In April, Tomas was released from prison in South Korea and deported to the U.S. to face federal fraud charges brought in Southern California.

At his sentencing, U.S. District Court Judge Janis L. Sammarinto also ordered Tomas to pay $240,000 in restitution to the two victims.

Tuesday, July 31, 2012

Ailing Mexican Boy Granted Humanitarian Parole to Seek Medical Treatment in U.S.

As soon as Denise Gutierrez, a U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) victim assistance coordinator, laid eyes on pictures of 9-year-old José, she knew something had to be done.

José has had a large growth on his shoulder and neck since birth. Unfortunately, the growth continues to increase in size drastically and is beginning to affect both his eyesight and dental health. If the growth is left untreated, it will eventually spread to his heart. José's parents had repeatedly sought help from doctors in Mexico and El Paso, Texas, but they were always turned away and told nothing could be done.

José and his family live in Anapra, an impoverished and turbulent neighborhood in the Mexican border city of Juarez. Living conditions in Anapra are bleak. José's family has no electricity or running water, and there is no access to basic health care.

Church members in Rio Rancho, New Mexico, were participating in missionary work in Juarez when they first met José. They fell in love with José's spirit and kindness and felt compelled to find a way to help him. They reached out to Gutierrez, hoping that she could find a way to assist José.

"This little boy needed help, and I had to help," said Gutierrez. "I didn't know how I was going to help, but I needed to."

Gutierrez presented the pictures and explained José's story to HSI New Mexico Assistant Special Agent in Charge Kevin Abar, who immediately began planning a way for José to come to the United States for treatment. Abar worked with HSI El Paso, HSI Juarez and HSI's Office of International Affairs, as well as other federal agencies to coordinate José and his parents' entrance into the United States. U.S Customs and Border Protection granted José and his parents humanitarian parole after conducting the necessary background checks. Humanitarian parole is used to bring someone into the United States for a temporary period of time due to a compelling emergency.

The family's humanitarian parole lasts for 45 days. The cost of their stay in the country and the medical bills are covered by the church in Rio Rancho that first found José. During this initial stay, José will see a dentist, an ophthalmologist and other specialists. While 45 days is not enough to cure José, Gutierrez is optimistic.

"It's a step in the right direction," she says. "José will hopefully get a diagnosis within these 45 days."

Both Gutierrez and Abar agree that helping José is the right thing to do and that this young boy's situation transcends physical borders.

Monday, July 30, 2012

MS-13 Gang Member Pleads Guilty to Illegal Reentry

A citizen and national of El Salvador and a member of the
MS-13 street
gang who was previously convicted of sexually assaulting a child in Fairfax County, Va., pleaded guilty Thursday, July 26, 2012, to illegally reentering the United States after having been previously deported.


The case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

According to court documents, Salvador Portillo, 30, illegally entered the United States and was removed by ICE Oct. 8, 2003. Thereafter, Portillo again illegally reentered the United States.

On Dec. 26, 2010, Portillo sexually assaulted an 8-year-old girl in Fairfax County. He was subsequently convicted of rape and sodomy in the Fairfax County Circuit Court and sentenced to 25 years in prison.

Portillo was indicted for illegal reentry Feb. 23 and transferred from state to federal custody July 12. He faces a maximum penalty of two years in federal prison when he is sentenced Aug. 31, which would follow the sentence term imposed by Fairfax County.

Virginia Assistant Attorney General and Special Assistant U.S. Attorney for the Eastern District of Virginia Marc Birnbaum are prosecuting the case on behalf of the United States.

Friday, July 27, 2012

Extensive ICE Operation Arrests 90, Millions of Synthetic Narcotics Seized

More than 90 individuals were arrested and approximately five million packets of finished designer synthetic drugs were seized in the first-ever nationwide law enforcement action against the synthetic designer drug industry responsible for the production and sale of synthetic drugs that are often marketed as bath salts, Spice, incense, or plant food. More than $36 million in cash was also seized.

As of July 26, 2012, more than 4.8 million packets of synthetic cannabinoids (K2, Spice) and the products to produce nearly 13.6 million more, as well as 167,000 packets of synthetic cathinones (bath salts), and the products to produce an additional 392,000 were seized.

Operation Log Jam was conducted jointly by the U.S. Drug Enforcement Administration and U.S. Immigration and Customs Enforcement (ICE), with assistance from the IRS Criminal Investigation, U.S. Postal Inspection Service, U.S. Customs and Border Protection, FBI, Food and Drug Administration's Office of Criminal Investigations, as well as state and local law enforcement members in more than 109 U.S. cities and targeted every level of the synthetic designer drug industry, including retailers, wholesalers and manufacturers.

"Today, we struck a huge blow to the synthetic drug industry. The criminal organizations behind the importation, distribution and selling of these synthetic drugs have scant regard for human life in their reckless pursuit of illicit profits," said Acting Director of ICE's Office of Homeland Security Investigations James Chaparro. "ICE is committed to working with our law enforcement partners to bring this industry to its knees."

"Although tremendous progress has been made in legislating and scheduling these dangerous substances, this enforcement action has disrupted the entire illegal industry, from manufacturers to retailers," said DEA Administrator Michele M. Leonhart. "Together with our federal, state and local law enforcement partners, we are committed to targeting these new and emerging drugs with every scientific, legislative and investigative tool at our disposal."


"The synthetic drug industry is an emerging area where we can leverage our financial investigative expertise to trace the path of illicit drug proceeds by identifying the financial linkages among the various co-conspirators," said Richard Weber, chief, IRS Criminal Investigation. "We will continue working with our law enforcement partners to disrupt and ultimately dismantle the highest level drug trafficking and drug money laundering organizations that pose the greatest threat to Americans and American interests."

"The U.S. Postal Inspection Service aggressively investigates the use of the U.S. Mail system for the distribution of illegal controlled substances and its proceeds. Our agency uses a multi-tiered approach to these crimes: protection against the use of the mail for illegal purposes and enforcement of laws against drug trafficking and money laundering. This includes collaboration with other agencies," said Chief Postal Inspector Guy J. Cottrell.

"The mission of U.S. Customs and Border Protection is to guard our country's borders from people and goods that could harm our way of life," said Acting Commissioner David V. Aguilar. "We are proud to be part of an operation that disrupts the flow of synthetic drugs into the country and out of the hands of the American people."

Over the past several years, there has been a growing use of, and interest in, synthetic cathinones (stimulants/hallucinogens) sold under the guise of "bath salts" or "plant food." Marketed under names such as "Ivory Wave," "Purple Wave," "Vanilla Sky," or "Bliss," these products are comprised of a class of dangerous substances perceived to mimic cocaine, LSD, MDMA and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe.

These products have become increasingly popular, particularly among teens and young adults and those who mistakenly believe they can bypass the drug testing protocols that have been set up by employers and government agencies to protect public safety. They are sold at a variety of retail outlets, in head shops and over the Internet. However, they have not been approved by the Food and Drug Administration for human consumption or for medical use, and there is no oversight of the manufacturing process.

Smokable herbal blends marketed as being "legal" and providing a marijuana-like high have also become increasingly popular, particularly among teens and young adults, because they are easily available and, in many cases, they are more potent and dangerous than marijuana.

These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. Just as with the synthetic cathinones, synthetic cannabinoids are sold at a variety of retail outlets, in head shops and over the Internet. Brands such as "Spice," "K2," "Blaze," and "Red X Dawn" are labeled as incense to mask their intended purpose.

While many of the designer drugs being marketed today that were seized as part of Operation Log Jam are not specifically prohibited in the Controlled Substances Act (CSA), the Controlled Substance Analogue Enforcement Act of 1986 (AEA) allows these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance. A number of cases that are part of Operation Log Jam will be prosecuted federally under this analogue provision, which specifically exists to combat these new and emerging designer drugs.

DEA has used its emergency scheduling authority to combat both synthetic cathinones (the so-called bath salts like Ivory Wave, etc.) and synthetic cannabinoids (the so-called incense products like K2, Spice, etc.), temporarily placing several of these dangerous chemicals into Schedule I of the CSA. Congress has also acted, permanently placing 26 substances into Schedule I of the CSA.

In 2010, poison centers nationwide responded to about 3,200 calls related to synthetic "Spice" and "bath salts." In 2011, that number jumped to more than 13,000 calls. Sixty percent of the cases involved patients 25 and younger.