Guatemalan Alien Smugglers Sentenced

Two Guatemalan men were sentenced by a federal judge Monday, January 14, 2013, to lengthy prison terms for their roles in a hostage-taking conspiracy that resulted in the violent treatment of smuggled aliens held captive in a Mesa drop house.

Domingo Agustin-Simon, 31, was sentenced by U.S. District Judge David G. Campbell to 42 years in federal prison for conspiracy, hostage taking and brandishing a shotgun in connection with hostage taking. Leonardo Rabanales-Casia, 30, was sentenced at the same hearing to 25 years in prison for conspiracy and hostage taking.

The sentences follow the pair's October conviction by a federal jury on charges stemming from a probe led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

"These lengthy sentences serve not only to punish and deter such cruel and inhumane activity but also to protect the public from dangerous individuals that prey upon the vulnerabilities of their victims," said U.S. Attorney John S. Leonardo.

"This case illustrates the ruthlessness and brutality of the human smuggling trade," said Matt Allen, special agent in charge of HSI Arizona. "The smugglers treated the people in the drop house as a mere business commodity, with no qualms about jeopardizing their lives in order to extort personal profit. Investigating these cases is a top priority for HSI, and we will continue to work with our law enforcement partners to bring those who would choose to exploit people in this despicable way to justice."

Evidence presented at trial showed the defendants were part of an alien that smuggled aliens into the U.S. to a drop house in Mesa. In August 2011, HSI special agents and officers from the Arizona Department of Public Safety and the Phoenix Police Department went to the drop house and found more than 40 illegal aliens being held inside. Trial testimony revealed the smugglers used a shotgun to keep order in the house and threatened the aliens with physical harm and death in an effort to extort monetary payments from the aliens' families. One hostage was beaten by the smugglers and women in the drop house were sexually assaulted.

Four other co-defendants previously pleaded guilty in connection with their roles in the drop house and were sentenced to prison terms ranging from 24 months to eight years.

The case was prosecuted by Assistant U.S. Attorneys Christine D. Keller and Sean K. Lokey of the U.S. Attorney's Office-District of Arizona.

Romanian Couple's US Citizenship Revoked for Marriage and Immigration Fraud

An Idaho couple, both from Romania, were sentenced Monday, January 14, 2013, to two years' probation, a $1,000 fine and revocation of their U.S. citizenship status for unlawful procurement of U.S. citizenship, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Ramona Alina Fenesan, 32, and Florin Fleisher, 34, formerly of Ketchum, pleaded guilty last fall to the charges. According to their plea agreements, Fenesan and Fleisher admitted to entering into fraudulent marriages in 2003 with U.S. citizens for the sole purpose of obtaining immigration benefits - namely U.S. citizenship.

Prosecutors say that once married, the defendants filed applications with U.S. Citizenship and Immigration Services to obtain lawful permanent resident status and later naturalized based upon their marriages. Shortly after obtaining citizenship, Fenesan and Fleischer divorced their U.S. citizen spouses and married each other. At sentencing, defense counsel informed the court that as a result of the fraud and resulting convictions, the couple had lost their home and their jobs.

The two will now be taken into ICE custody and placed in removal proceedings. The case was prosecuted by the U.S. Attorney's Office for the District of Idaho.

ICE Target Operation Arrests 39 Criminal Aliens and Immigration Fugitives

As part of U.S. Immigration and Customs Enforcement's (ICE) ongoing commitment to prioritizing the removal of criminal aliens and egregious immigration law violators, 39 convicted criminal aliens, immigration fugitives and immigration violators were arrested during a two-day operation in Lexington.

This operation concluded Sunday, January 13, 2013, and was conducted by ICE's Enforcement and Removal Operations teams from Louisville, Ky.

Of the 39 arrested, 36 had convictions for crimes such as: assault, possessing a concealed deadly weapon, hit and run, drunken driving, aggravated assault on a law enforcement officer, domestic violence, and drug possession. One of the convicted criminals was also an immigration fugitive who had been previously ordered to leave the country but failed to depart.

The three individuals arrested who did not have any criminal convictions had been previously removed and illegally re-entered the United States, making them an enforcement priority for ICE. Anyone who re-enters the United States after having been previously deported commits a felony punishable by up to 20 years in federal prison.

Of the 39 men arrested in Lexington, 38 are from Mexico, and one is from Honduras.

Following are summaries of two individuals arrested during this operation:

·                             A 38-year-old Mexican national has prior criminal convictions for possessing a controlled substance and assault causing bodily injury of a family member. He was deported in 2005 and illegally re-entered the United States. He was arrested Jan. 12 and remains in ICE custody pending removal.

·                             A 33-year-old Mexican national has prior criminal convictions for aggravated assault on a police officer, first-degree indecent exposure, and endangering the welfare of a child. He was arrested Jan. 13 and remains in ICE custody pending removal.

"Our focus on priority targets significantly improves the safety and security of communities in Lexington and throughout the state," said Ricardo Wong, field office director for ERO Chicago. "By targeting criminal aliens and egregious immigration violators, we ensure the best use of agency resources with a continued focus on public safety."

This enforcement action was spearheaded by ICE's National Fugitive Operations Program, which is responsible for investigating, locating, arresting and removing at-large criminal aliens and immigration fugitives.

ICE is focused on smart, effective immigration enforcement that targets serious criminal aliens who present the greatest risk to the security of our communities, such as those charged with or convicted of homicide, rape, robbery, kidnapping, major drug offenses and threats to national security. ICE also prioritizes the arrest and removal of those who game the immigration system, including immigration fugitives or criminal aliens who have been previously deported and illegally re-entered the country.

Canadian National and Aspiring Actor Charged with Visa Fraud for Immigration Scam

A Canadian national who operated a Los Angeles-area immigration consulting business that sought visas on behalf of aspiring foreign actors faces multiple criminal charges for allegedly cheating his clients out of thousands of dollars in an immigration scam.

Andrew Boryski, 26, was arrested Wednesday, January 9, 2013, by special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) at Los Angeles International Airport as he prepared to board a flight bound for Canada.

The Saskatchewan native, who now resides in Los Angeles, is charged with 32 misdemeanor counts filed by the Los Angeles City Attorney's Office, including three counts of grand theft, one count of practicing law without a license, and 28 counts of violating provisions of the Immigration Consultant Act. If convicted, Boryski could face up to one year in jail for each count.

"We will hold accountable charlatans who prey upon the career aspirations of others," said City Attorney Carmen Trutanich. "People who come to Los Angeles to work must be aware that it is illegal for immigration consultants to provide legal advice. Before paying them a penny, they should contact the appropriate agency and verify the consultant's credentials."

After receiving several complaints about Boryski, the City Attorney's Office sought HSI's assistance in investigating the case. Coincidentally, HSI had also received a lead about Boryski's possible involvement in immigration fraud from U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security (FDNS).

"This suspect, who's an aspiring actor himself, has landed a role in a real life crime drama," said Claude Arnold, special agent in charge for HSI Los Angeles. "The fraud perpetrated by unscrupulous consultants who prey on innocent victims undermines the integrity of our nation's legal immigration system and ultimately hurts us all. Homeland Security Investigations will continue to work tirelessly with its federal and local partners to ensure these scam artists don't succeed."

The ensuing joint investigation revealed Boryski advertised over the Internet and presented himself at actors' seminars as an immigration consultant who could help aspiring foreign actors obtain visas to work in the U.S. entertainment industry. Three complaining foreign witnesses, two from Australia and one from Ireland, allege Boryski charged them approximately $5,000 each to assist them in procuring an O-1 visa.

The O-1 visa is intended for established performers with work pending in the United States – not for newcomers to the business without actual employment, as was the case with the victims. HSI special agents determined Boryski never filed any paperwork on the victims' behalf and failed to follow through on repeated promises to refund the victims' money. Investigators found Boryski did not file an immigration consultant bond with the Secretary of State and was not licensed to practice law in California.

SAG-AFTRA National Executive Director David White praised authorities' efforts to pursue this case saying, "We applaud the work to protect actors from unscrupulous business practices that attempt to separate them from their money. Performers from all jurisdictions should be able to pursue their dreams in the entertainment industry without fear of abuse and harm."

SAG-AFTRA General Counsel Duncan Crabtree-Ireland advised performers to be wary and inform themselves saying, "Immigration service scams can have devastating consequences for any performer. All performers should take an active part in their own protection by practicing due diligence and getting educated about the rules and process for work visas."

HSI's probe into Boryski's activities is ongoing. Investigators believe there may be additional unidentified victims.

Deputy City Attorney Mark Lambert is prosecuting the case.

ICE Director John Morton Attends Opening of European Cyber Crimes Centre

U.S. Immigration and Customs Enforcement (ICE) Director John Morton attended the Friday, January 11, 2013, opening of the new European Cybercrime Centre (EC3), based at Europol's headquarters in The Hague. EC3 will be the focal point in the European Unions' fight against cybercrime, protecting citizens and businesses against cybercrime threats.

"The establishment of the European Cybercrime Centre (EC3) is a step in the right direction and will have a significant impact on our shared law enforcement efforts to fight child exploitation and other computer-related crimes," said Director Morton. "As our recently announced operations targeting child predators have demonstrated, the need for international police cooperation is increasingly necessary to effectively identify, arrest and prosecute these criminals."

EC3 will serve as a European information hub on cybercrime, developing and deploying digital forensic capabilities to support investigations in the EU, building capacity to combat cybercrime through training and awareness-raising, as well as delivering best practice on cybercrime investigations.

During the opening ceremony of the center, Director Morton and Europol Director Rob Wainwright signed a letter of intent between ICE and Europol, in which the two agencies committed to developing ongoing, cooperative efforts through support, training, and information sharing on cybercrime, cyber fraud and online child sexual exploitation.

Europol cybercrime experts also took part in a Europol Expo, to inform event participants about the techniques behind tackling such issues as online fraud, cybercrime which causes serious harm to the victim – such as online child sexual exploitation – as well as cybercrime that affects critical infrastructure and information systems.

ICE and Europol are members of the www.virtualglobaltaskforce.com, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse. 

18-Month TPS Extension Announced for Sudan and South Sudan

On Wednesday, January 9, 2013, Secretary of Homeland Security Janet Napolitano redesignated Sudan and South Sudan for Temporary Protected Status (TPS) and extended the existing TPS designations for the two countries from May 3, 2013, through Nov. 2, 2014. This allows eligible nationals of the two countries to register or re-register for TPS in accordance with notices for Sudan and South Sudan published Wednesday, January 9, 2013, in the Federal Register. U.S. Citizenship and Immigration Services (USCIS) encourages eligible individuals to register or re-register as soon as possible. 

Who’s Eligible	Current TPS Status	When to File
Sudanese and South Sudanese nationals (and persons without nationality who last habitually resided in Sudan or South Sudan)	Have TPS	Must re-register during 60-day re-registration period that runs from Jan. 9, 2013, through March 11, 2013.
	Do Not Have TPS	May apply for TPS during a six-month registration period that runs from Jan. 9, 2013, through July 8, 2013.

The extensions and redesignations of Sudan and South Sudan for TPS are based on ongoing armed conflict in that region and the continuation of extraordinary and temporary conditions that led to the TPS designations of Sudan in 2004 and South Sudan in 2011. Secretary Napolitano determined that extending the existing TPS designations, as well as redesignating the two countries for TPS, is warranted based on Department of Homeland Security (DHS) and Department of State reviews of country conditions conducted during the past year.

The Secretary has further determined that it is appropriate to designate Jan. 9, 2013, as the date by which Sudan and South Sudan TPS applicants must show they have continuously resided in the United States (i.e., the "continuous residence date").

DHS anticipates that approximately 300 individuals will be eligible to re-register for TPS under the existing designations of Sudan and South Sudan, and fewer than 4,000 additional individuals will be eligible for TPS under the redesignations.

Individuals applying for TPS for the first time must submit:

               Form I-821, Application for Temporary Protected Status;

               The Form I-821 application fee;

               Form I-765, Application for Employment Authorization, regardless of whether they want an Employment Authorization Document (EAD);

               The Form I-765 application fee, but only if they want an EAD and are 14 to 65 years old. Those under age 14 or age 66 and older do not need to pay the I-765 fee with their initial TPS application; and

               The biometrics services fee if they are age 14 or older.

Individuals re-registering for TPS must submit:

               Form I-821;

               Form I-765, regardless of whether they want an EAD;

               The Form I-765 application fee, but only if they want an EAD. All individuals re-registering for TPS who want an EAD must pay the I-765 fee, regardless of their age; and

               The biometric services fee if they are age 14 or older.

Individuals who still have a pending initial TPS application under Sudan or South Sudan do not need to submit a new Form I-821. However, if such individuals currently have a TPS-related EAD and want a new EAD, they should submit:

               Form I-765;

               The Form I-765 application fee, regardless of their age; and

               A copy of the receipt notice for the initial Form I-821 that is still pending.

Applicants may request that USCIS waive any or all fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. Failure to submit the required filing fees or a properly documented fee-waiver request will result in the rejection of the TPS application.

More information on TPS for Sudan and South Sudan - including guidance on eligibility, the application process and where to file - is available online at www.uscis.gov/tps. Further details on the extensions and redesignations of Sudan and South Sudan for TPS, including application requirements and procedures, are available in the Federal Register notices published Wednesday, January 9, 2013, for Sudan and South Sudan, respectively.                                                             

New Saturday Hours for USCIS National Customer Service Center

Beginning Jan. 12, 2013, U.S. Citizenship and Immigration Services (USCIS) National Customer Service Center (NCSC) will expand its live, toll-free telephone assistance service to include Saturday hours.  Customer service representatives at the USCIS NCSC will now take calls Monday through Friday from 8 a.m. to 8 p.m., and Saturdays from 9 a.m. to 5 p.m., local time.

Customers will be able to call the USCIS toll-free number on Saturdays to receive nationwide assistance for immigration services and benefits offered by USCIS.  Our customer service representatives can answer routine questions on a wide variety of topics related to immigration services and benefits, including ordering forms, processing times, and information on local offices and civil surgeons.  For individuals seeking answers to more complex issues regarding their case, USCIS recommends calling the NCSC Monday through Friday for access to Immigration Services Officers.  Individuals calling the NCSC can access information through a menu of automated options 24 hours a day, 7 days a week.

Contact the USCIS national toll-free customer service line by dialing 1-800-375-5283.