Fake Immigration Attorney Arrested for Fraud

A Tijuana man who allegedly posed as an immigration attorney has been arrested on state charges for defrauding at least two individuals as part of a scam to collect fees for phony immigration-related legal services while working at an office in San Ysidro.

Alberto Rodrigo Garcia, 50, of Tijuana, Mexico, was taken into custody Thursday, November 1, 2012, at the Otay Mesa Port of Entry by special agents from U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI). Garcia was expected to be arraigned in state court Monday, November 5, 2012, on felony charges of grand theft and practicing law without a license.

"Our office does not tolerate scammers who take advantage of innocent victims," said San Diego County District Attorney Bonnie Dumanis. "Our Economic Crimes Unit does an outstanding job prosecuting these types of cases and bringing a measure of justice to those who were defrauded."

After receiving a tip, HSI began investigating Garcia in May. So far, the probe has identified two victims who paid more than $5,000 for what they believed were legitimate immigration services rendered by Garcia. Special agents suspect others may have fallen prey to the same scam.

"Protecting the integrity of the nation's immigration system is a top priority for HSI," said Derek Benner, special agent in charge for HSI San Diego. "As part of our ongoing efforts to protect the community from immigration fraudsters, we are seeking the public's assistance to help identify other potential victims."

Anyone with information that may be related to this case is asked to call 619-550-5183.
According to a case affidavit, Garcia met with at least two victims on separate occasions and offered to file paperwork to legally immigrate one man's spouse and another man's fiancée.

As part of his illegitimate immigration-related services, Garcia advertised using business cards that identified his business as a professional attorney service. He also provided receipts with stamps that identified him as the owner of Alberto R. Garcia, Inc. Garcia is also a licensed tax preparer.

During ensuing meetings, the victims reported they gave Garcia personal documents, such as birth and marriage certificates, passport photos, and payments to file the required paperwork.

When one of the victims subsequently went to the San Ysidro office to ask about the status of his case, he was advised that Garcia no longer worked there, but had opened a new office near the U.S. Consulate in Tijuana.

Deferred Action Directive F.A.Q.s: Part VIII

What offenses qualify as a felony?

A felony is a federal, state, or local criminal offense punishable by imprisonment for a term exceeding one year.


What offenses qualify as a “significant misdemeanor”?
A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs.


How many non-significant misdemeanors constitute “multiple misdemeanors” making an individual ineligible for an exercise of prosecutorial discretion under this new process?

An individual who is not convicted of a significant misdemeanor but is convicted of three or more other misdemeanors not occurring on the same day and not arising out of the same act, omission, or scheme of misconduct is not eligible to be considered for deferred action under this new process.

Mexican National Sentenced for Illegal Entry and Felony Charges

A citizen of Mexico who had illegally reentered the United States on multiple prior occasions was sentenced Friday, March 9, in federal court in Lynchburg on charges related to another illegal reentry.

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

Bernardo Israel Enciso-Mejia, 30, a native and citizen of Mexico living in Buena Vista, Va., was sentenced to 77 months in federal prison. He pleaded guilty in December 2011 to one count of illegal reentry into the United States by a previously deported alien. His most recent return followed a conviction for an aggravated felony.

Following his prison term, Enciso-Mejia will be removed to Mexico by ERO.

"This sentence should serve as a reminder that there are significant consequences for violating immigration law, especially for those with extensive criminal histories," said ERO Washington Field Office Director Enrique M. Lucero.

According to his guilty plea, Enciso-Mejia has previously been removed from the United States by ERO on four separate occasions, including once following an aggravated felony charge of aiding and abetting the possession of a firearm by an alien illegally in the United States.

He was most recently arrested in Buena Vista, Va. Aug. 16, 2011. At the time of his arrest, officers with ERO determined that Enciso-Mejia did not have the consent of the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter or to reapply for admission into the United States. ERO found no record of the defendant ever applying for permission to reenter the United States or other forms of relief since the time of his first removal in 2003.

"The Justice Department is committed to the strong, effective and humane enforcement of our immigration laws," said U.S. Attorney Timothy J. Heaphy, for the Western District of Virginia. "Mr. Enciso-Mejia has illegally reentered the United States on multiple occasions and for that he must be punished."

Special Assistant U.S. Attorney Elizabeth Wright prosecuted the case for the United States.

Laredo Border Patrol Agents Seize 4 Tons of Marijuana Tractor Trailer Load of Drugs Worth $6.2 Million

Laredo Border Patrol Agents Seize 4 Tons of Marijuana
Tractor Trailer Load of Drugs Worth $6.2 Million

(Thursday, November 06, 2008)

contacts for this news release

Laredo, Texas – Border Patrol agents assigned to the Laredo North station disrupted an effort to smuggle 7,828 pounds of marijuana today.

“Our agents remain vigilant in employing all available resources to keep drug and alien smugglers from succeeding,” said Laredo Sector Chief Patrol Agent Carlos X. Carrillo.

Agents manning the checkpoint located on Interstate 35 north of Laredo conducted an immigration inspection of the driver of a tractor-trailer. A Border Patrol canine alerted agents to the trailer, indicating the possible presence of people or contraband.

The vehicle was referred for secondary inspection and examined by the Vehicle and Cargo Inspection System, which uses gamma rays to produce an image similar to an x-ray. The machine image showed several anomalies among a load of large cardboard boxes that were being transported in the cargo area.


More than 7,800 pounds of dope was seized in Laredo.


Agents opened the sealed trailer and inspected the cargo. Many of the boxes contained cellophane-wrapped bundles mixed in with other cargo. Agents removed 264 bundles from the trailer. The bundles contained marijuana with a total weight of 7,828.2 pounds and an estimated street value of $6.2 million.

The driver, the truck and the marijuana were turned over to the Drug Enforcement Administration.

The driver faces possible felony drug smuggling charges. In addition to federal charges, the driver could also face a lifetime revocation of his Commercial Driver’s License under the Texas Hold‘Em initiative.

To report suspicious activity such as drug and/or alien smuggling, contact the Laredo Sector Border Patrol toll free telephone number at 1-800-343-1994.

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.