USCIS Makes Forms Available for Deferred Action, Filing Starts Wednesday, August 15, 2012

During a Stakeholder Conference Call today, August 14, 2012, the USCIS announced final updates to the Deferred Action for Childhood Arrivals ('DREAM Act') filing process. Forms are now available for Deferred Action Requests, and the filing process will begin Wednesday, August 15, 2012.

Please note that although the forms and filing instructions are available today, August 14, 2012, requests will NOT be accepted before Wednesday, August 15, 2012. Any requests made BEFORE Wednesday, August 15, 2012, will be DENIED.

For updated information on the filing process and qualifications for the Deferred Action for Childhood Arrivals -- including information on what constitutes being "currently in school," and how previous false claims and/or juvenile delinquency affect a request -- follow the link below to the official USCIS website for Deferred Action for Childhood Arrivals. You may also download the form and form instructions through that link. In addition, you may call the USCIS's toll-free hotline at (800) 375-5283 for any remaining questions you may have concerning the process.  

USCIS Deferred Action for Childhood Arrivals

Puerto Rican Man Faces Ten Year Sentence for Distribution of Counterfeit Pharmaceuticals

A Puerto Rican man faces up to 10 years in prison after being found guilty by a jury the week ending in August 10, 2012, on federal charges stemming from his role as a key operative for a drug ring that distributed large quantities of Chinese-made counterfeit pharmaceuticals throughout the United States and worldwide.

Francis Ortiz Gonzalez, 36, was convicted following a six-day trial on one count of conspiracy and seven counts of trafficking in counterfeit pharmaceuticals. His sentencing is set for Nov. 8 before U.S. District Judge George Wu. Ortiz-Gonzalez. His wife, Ideliz Aleman-Valentin, and two other defendants were named in a 30-count indictment handed down by a grand jury in Los Angeles in June 2009. The jury that convicted Ortiz acquitted Aleman-Valentin.

In 2009, special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) executed a federal search warrant at Ortiz-Gonzalez's residence in Trujillo Alto, Puerto Rico, a suburb of San Juan. Inside the home, investigators found more than 100,000 pills made to resemble a variety of popular prescription medications, including Viagra, Cialis, Valium, Xanax and Lipitor.

The ensuing investigation revealed that Ortiz-Gonzalez had packaged and shipped more than 160,000 counterfeit tablets during a six-month period in 2009 while working for the organization. Many of those shipments were mailed to Southern California, which is why the case was brought to Los Angeles.

The burgeoning popularity of e-commerce has led to an explosion in the number of websites offering prescription drugs online," said Claude Arnold, special agent in charge for HSI Los Angeles. "But consumers who are considering purchasing pharmaceutical products over the Internet should heed that old expression 'buyer beware.' Part of what you're paying for when you buy established brands, regardless of the product, is quality control. Imposter drugs like these pose a serious threat to users who mistakenly assume these substances are safe."

The indictment allege that Ortiz-Gonzalez acted as U.S.-based distributor for a criminal enterprise, allegedly headed by Bo Jiang, 34, a Chinese national whose last known residence is New Zealand. In January 2011, Jiang was taken into custody on a provisional arrest warrant by authorities in New Zealand, but fled shortly after being released on bond. He remains a fugitive.

According to the indictment, Jiang advertised the counterfeit medications over the Internet. As part of the scheme, he allegedly recruited individuals from around the world to act as distributors for the products. The U.S.-based distributors, including Ortiz-Gonzalez, were responsible for receiving the parcels of counterfeit pharmaceuticals from China, then repacking and shipping them to fill individual customer's orders throughout the United States.

The probe, which commenced in 2008, involved HIS Los Angeles, the Food and Drug Administration, Office of Criminal Investigations and the U.S. Postal Inspection Service.

The Department of Homeland Security and the Department of Justice are working together to combat intellectual property crimes. In fiscal year 2011, HSI and U.S. Customs and Border Protection made nearly 25,000 seizures involving counterfeited and pirated products, a 24 percent increase compared to fiscal year 2010.

As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling and distributing counterfeit products. HSI focuses not only on keeping counterfeit products off our streets, but also on dismantling the criminal organizations behind such illicit activity.

Texas Lawyer Sentenced for Wire Fraud and Corporate Identity Theft Scheme

A Houston lawyer was sentenced to 18 months in federal prison and 36 months of home confinement Thursday, Aug. 9. This case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Tampa and the U.S. Secret Service's Tampa and Newark, N.J., field offices.

According to testimony and evidence presented at trial, from February 2005 through July 2006, Roger Shoss, 67, of Houston, and codefendant Nicolette Loisel, also a Houston lawyer, conspired to steal the identities of dormant, publicly-traded companies. They then used the corporate identities they had stolen to create fraudulent, empty-shell companies that had the appearance of being publicly traded. They subsequently sold the fraudulent empty-shell companies for a profit. 

The four companies featured in the indictment were Mobilestream Inc., Regaltech Inc., Nanoforce Inc. and Rocky Mountain Gold Mining Inc., which emanated from 3E International Inc., Pacific Chemical Inc., Webgalaxy Inc. and Greensmart Corporation, respectively.

The administrative and money laundering functions of this scheme were headquartered in Pinellas County, Fla. Multiple wire transfers, totaling at least $800,000, were initiated from the Middle District of Florida to Shoss, in payment for the companies. Shoss, in turn, paid Loisel more than $450,000 for her role in the scheme.

"These individuals – both attorneys – conspired to make a profit through a sophisticated investment fraud and money laundering scheme," said Sue McCormick, special agent in charge of HSI Tampa. "HSI works closely with our law enforcement partners to identify and prosecute con-artists like Shoss and Loisel."

In addition to his prison sentence, Shoss is required to pay a final forfeiture money judgment, in the amount of $800,000. This amount represents proceeds obtained by Shoss and Loisel as a result of their criminal activities. A final order of forfeiture was also entered for Shoss' residence in Houston, which was purchased with proceeds traceable to the wire fraud conspiracy. 

"The U.S. Secret Service and HSI continually strive to enhance our law enforcement partnership by leveraging our respective capabilities, expertise and manpower in support of our distinct law enforcement missions," said John Joyce, U.S. Secret Service's Tampa special agent in charge. "The U.S. Secret Service and HSI will continue to effectively investigate, deter and diminish the threat posed by various types of criminals to our nation's financial infrastructure."

A federal jury found Shoss and Loisel guilty of conspiracy to commit wire fraud on May 22. Loisel's sentencing is scheduled for Sept. 4.

Seven Year Sentence for El Salvador National Previously Deported Four Times

A convicted felon from El Salvador was sentenced Tuesday, August 7, 2012, to seven years and eight months in federal prison for illegally re-entering the United States after having been previously deported four times. This sentence resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Jose Eligio Pineda-Parada, 47, was sentenced July 31 to 92 months in prison for illegally re-entering the United States as a previously deported felon. He was convicted of the charge after a one-day trial in May.

Court records showed that Pineda-Parada legally entered the United States in 1987. Evidence presented at the trial proved that in 1991, Pineda-Parada was convicted in Texas of a felony assault. He was sentenced to two years in prison and was deported in April 1992.

He illegally re-entered the United States and was again deported in October 1999, and deported a third time in December 2000. A federal judge in Texas sentenced him to 46 months in 2002 for illegally re-entering the United States for a third time. He was last deported to El Salvador in 2004.

Most recently, Lexington authorities arrested Pineda-Parada in December 2011 for driving drunk and other related traffic offenses. While at the Fayette County Detention Center, jail officials identified Pineda-Parada as an illegal alien who had been previously deported. ERO was notified and took Pineda-Parada into custody.

Under federal law, Pineda-Parada will have to serve at least 85 percent of his prison sentence. He will be deported to El Salvador for a fifth time after he completes his prison sentence.

Assistant U.S. Attorney David Marye, Eastern District of Kentucky, prosecuted the case.

New York Jeweler Arrested for Forging Government Seal

A jewelry wholesaler was arrested Sunday, August 5, 2012, for allegedly committing wire fraud and forging the seal of U.S. Customs and Border Protection (CBP). The arrest is a result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility and the Internal Revenue Service, Criminal Investigation.

Tejas Mehta, 36, the owner of Saritijediam Inc., doing business as Design Trends, is a jeweler who conducts business in Manhattan's diamond district. He is accused of allegedly forging the seal of CBP, a component of the U.S. Department of Homeland Security. Mehta used the fraudulent CBP seal to allegedly steal approximately $1 million from his business associates and other diamond and precious stones wholesalers.

Mehta received diamonds, jewelry and precious stones from other wholesalers under consignment. Once in his possession, Mehta would sell the jewels. Instead of giving the proceeds to the owner of the merchandise as he had agreed to, Mehta allegedly falsely claimed that he could not return or sell the merchandise because it had been seized by U.S. authorities.

"The production and use of fictitious government documents and seals is a serious crime," said Terence S. Opiola, special agent in charge of the ICE Office of Professional Responsibility in the Northeast. "ICE OPR is committed to aggressively investigating these crimes and takes great pride in protecting the integrity of all ICE and CBP employees."

"IRS-Criminal Investigation is always eager to work with our federal law enforcement partners and share our financial investigative expertise," said Toni Weirauch, acting special agent in charge for IRS-CI in New York. "We are proud to work with ICE on this important investigation, especially because of its governmental integrity aspect."

According to court documents, one victim consigned $650,000 in diamonds to Mehta, who then allegedly made excuses and did not return the stones or any funds from the sale of the diamonds. Mehta told the victim's attorney that the stones had been seized by U.S. authorities. Mehta allegedly used the fraudulent seal to falsely state that the diamonds, precious stones and jewelry - which were consigned to him - had been seized by CBP.

This case is being prosecuted by the U.S Attorney's Office for the Southern District of New York.

Three Men Sentenced for Food-Stamp Fraud and Selling Counterfeit Goods

Three local men were sentenced in federal court Thursday, August 2, 2012, for selling counterfeit clothes, shoes and merchandise in the Rockford area. These sentences resulted from a joint investigation into food-stamp fraud and counterfeit merchandise sales conducted by the following agencies: U.S. Department of Agriculture's Office of Inspector General, U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the FBI, the Internal Revenue Service's Criminal Investigation Division, and the Rockford Police Department.

Two brothers, Abdul Hariz, 23, and Mohammad Hariz, 21, of Rockford, each pleaded guilty Feb. 8 to conspiring to sell counterfeit shoes and apparel. According to their plea agreements, they sold counterfeit merchandise at the Fashion Show store in Rockford between Aug. 19 and Dec. 14, 2010.

Mohammad Hamad, 44, was charged in a separate indictment and pleaded guilty March 8 to selling counterfeit goods at the Westside Groceries store in Rockford Oct. 21, 2010. In his plea agreement, Hamad admitted that he was part owner of Westside Groceries. He also admitted that his store employees improperly allowed an individual cooperating with law enforcement officers to use a LINK card (food stamp benefits) to purchase counterfeit shoes.

All three defendants were sentenced Aug. 2 by U.S. District Judge Frederick J. Kapala to five months in federal prison followed by three years of supervised release. During the first five months of their supervised release, each defendant will be placed on home confinement with electronic monitoring. After they complete their home confinement, each defendant must then serve the remaining 31 months of supervised release. All three defendants were ordered to pay full restitution to the victims of their crimes, and to repay the government for the costs incurred in the undercover investigation. Hamad was also sentenced to pay a $5,000 fine.

As a result of the investigation, five other Rockford men were charged in federal court with offenses relating to food stamp fraud (LINK cards). Those five men have pleaded guilty and have already been sentenced.

Assistant U.S. Attorney John G. McKenzie, Northern District of Illinois, prosecuted the case.

ERO Arrests Over 4,000 Criminal Aliens in June and July

July 2012, in Dallas, Texas, U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) arrested a man from El Salvador who had a criminal conviction for aggravated sexual assault on a 6-year-old child.

The 57-year-old citizen and native of El Salvador arrested by ERO's special operations team in Dallas is just one example of the more than 4,400 convicted criminals arrested in June and July across the United States, and one of more than 1,900 considered a Level 1 offender - top priority for the federal ICE officers who enforce immigration law. Level 1 offenders have been criminally convicted of major violent offenses, including murder, rape and the sexual abuse of children.

Other examples of individuals arrested in June and July throughout the country include:

·                             A citizen of the United Kingdom arrested in Kansas City, Mo., convicted of a lewd and lascivious act with a child under 14 and sentenced to six years' confinement;

·                             A citizen of Jamaica arrested in Miami, convicted for aggravated battery with a deadly weapon, burglary and carrying a concealed firearm;

·                             A citizen of Honduras arrested in New York, convicted of sexual abuse of a child;

·                             A citizen of Mexico arrested in Phoenix, Ariz., convicted of burglary, assault on a federal officer with a deadly weapon, escape from federal custody and possession of marijuana;

·                             A citizen of Mexico arrested in Salt Lake City, Utah, convicted for rape of a child and sentenced to a term of no less than six years in Utah State Prison;

·                             A citizen of Laos arrested in St. Paul, Minn., convicted of manslaughter and criminal sexual conduct on an 11-year-old; and

·                             A citizen of Guatemala arrested in Ashburn, Va.,convicted of sexual battery.

"Our officers are out every day looking for the worst of the worst at-large criminal aliens who are hiding within our communities, potentially committing more crimes," said Gary Mead, ICE's Executive Associate Director for ERO. "The more successful we can be at using our immigration authorities to remove individuals like this from our country, the safer our communities will be."

ICE's enforcement priorities dictate that the agency's resources are focused on the identification and removal of convicted criminals and public safety threats, recent illegal border crossers, repeat immigration violators and immigration fugitives. This strategy is intended to ensure that immigration laws are enforced in a way that best enhances public safety, border security and the integrity of the legal immigration system.

Last fiscal year, ICE removed 396,906 individuals of which nearly 217,000 were convicted criminals. Overall, more than 90 percent of the total removals fell into one of ICE's enforcement priorities.

ERO's national fugitive operations program maintains a public list of the top 10 most wanted ERO fugitives at www.ice.gov/most-wanted/ero.htm. ICE encourages the public to report any tips that could lead to the capture of these individuals by calling the national hotline at 1-866-DHS-2-ICE.