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Novemver 28, 2008 (Updated)
ICE'S USE OF IMMIGRATION AND CUSTOMS AUTHORITIES TO ADDRESS NATIONAL SECURITY THREATS: EXAMPLES
ICE Removes Man who Tried to Purchase C4 Explosives (New York) - On October 14, 2006, ICE removed Sayed Malike to Afghanistan. Malike came to the attention of ICE via the FBI because he attempted to purchase C4 explosives, night vision goggles, bullet proof vests, and drugs from an undercover FBI agent. He was charged in the Eastern District of New York with the crime of lying to a law enforcement officer. Malike pled guilty to this offense on November 2, 2005. ICE placed him in removal proceedings based on this conviction. On June 1, 2006, an immigration judge ordered the removal of Malike from the United States.
ICE Removes Admitted Terrorist and Aspiring Weapons Procurer to India (Newark) - On October 16, 2006, ICE successfully removed Jasvir Singh to India. An immigration judge ordered Singh’s removal on May 15, 2006 after ICE presented evidence that Singh attempted to purchase large quantities of weapons, including surface to air missiles, from undercover FBI agents. Singh told the agents that he was a member of Babbar Khalsa, a terrorist group in India, and that the weapons were to be used against the government of India.
Cleveland Imam who Advocated the Destruction of Israel Removed (Detroit) - On January 4, 2007, ICE removed Fawaz Damrah to the West Bank. Damrah was the former spiritual leader of the Islamic Center in Cleveland, Ohio. He came to the attention of ICE after he was seen advocating violence towards Israel and Jewish people in videotapes seized during the execution of search warrants for the home and business of Sami Al - Arian. Al - Arian was the leader of a now defunct organization called the Islamic Committee for Palestine (ICP). The ICP had ties to terrorist groups in the Middle East that advocated the destruction of Israel and violence towards Jewish people. Damrah was indicted on December 16, 2003 in the U.S. District Court, Northern District, Cleveland, Ohio for the offense of procuring U. S. citizenship unlawfully. During the trial, the U.S. Department of Justice (DOJ) presented evidence proving that during his naturalization proceedings, Damrah had concealed his membership in the ICP and the Palestinian Islamic Jihad (PIJ). These organizations have ties to terrorist groups. The PIJ has been linked to suicide bombings in Israel that caused the deaths of numerous Israeli people. DOJ also introduced into evidence a videotape that depicted Damrah soliciting money on behalf of both groups. The jury convicted Damrah on June 18, 2004. The federal court sentenced him to a combined prison, house arrest, and probation sentence on September 20, 2004 and revoked Damrah’s U.S. citizenship on September 23, 2004. ICE placed him in removal proceedings on November 25, 2005, charging him with materially supporting a terrorist group. On January 4, 2006, an immigration judge ordered Damrah’s removal from the U.S. After significant coordination between ICE’s Office of Detention and Removal Operations and the U.S. Department of State, ICE removed Damrah to the West Bank.
ICE Removes Fundraiser for Al Qaeda Front Group(Seattle) - On January 23, 2007, ICE removed Majid Al Massari to Saudi Arabia. Al Massari entered the United States on a student visa in 1993. On July 22, 2004, ICE arrested Al Massari after he had been convicted of a drug related offense. ICE charged Al Massari with being a visa overstay and placed him in removal proceedings. The ICE investigation revealed that he had been soliciting funds for a group called the Committee for the Defense of Legitimate Rights (CDLR). He also helped to run the group’s website. The CDLR is a front group for Al Qaeda. The CDLR is also publicly dedicated to the overthrow of the Saudi Arabian government and the installation of an Islamist government in its place. On June 27, 2005, an immigration judge ordered the removal of Al Massari from the United States.
ICE and the FBI Cause BIF Member to Leave the U.S.(New York) - On February 23, 2007, Hassan Faraj departed the United States. The departure came after Faraj had come to the attention of the FBI. An FBI investigation revealed that Faraj was an active member of the Benevolence International Foundation (BIF). The United States Treasury Department designated the BIF to be a terrorist organization on November 19, 2002 because it had been giving financial support to Al Qaeda. Up until that time, the BIF portrayed itself as a charitable organization dedicated to helping those affected by war. In reality, BIF was raising money to purchase armaments for Al Qaeda members in Chechnya, Afghanistan, Bosnia and Pakistan. In 2002, computer records seized from BIF’s offices in Bosnia confirmed that it was an Al Qaeda supporter. From 1985 through the mid - 1990s, Faraj worked for the BIF in Croatia raising money to support mujahideen fighters in Bosnia, Chechnya, and Sudan. He also received military training at a BIF sponsored camp. Faraj continued his work for the BIF in the United States. Additionally, the investigation revealed that Faraj attempted to facilitate the entry into the U.S. of a known Al Qaeda member, Amir Abdulrazzak, by executing an affidavit of financial support on his behalf. During the investigation, the FBI searched Faraj’s apartment in Brooklyn. The search revealed blueprints for Washington, DC area infrastructure. Faraj’s departure was effectuated by a plea agreement between ICE, the U.S. Attorney’s Office for the Eastern District of New York, and Hassan. An immigration judge ordered the removal of Hassan on February 7, 2007.
ICE Removes Man who Attempted to Purchase Stinger Missiles (Los Angeles) - On March 6, 2007, ICE removed Muhammed Abdi Afrid to Pakistan. Afrid was paroled into the United States on March 5, 2003 to face federal criminal charges in California. The United States Attorney’s Office for the Southern District of California charged Afrid with conspiracy to distribute hashish and heroin and conspiracy to provide material support to a terrorist group based on an incident in China on September 16, 2002 wherein Afrid attempted to purchase stinger missiles from an undercover U.S. agent in exchange for five tons of hashish and 600 kilograms of heroin. Afrid planned to sell the missiles to the Taliban. On April 3, 2006, Afrid received s five year sentence to federal prison for these offenses. ICE placed Afrid in removal proceedings and charged him with being removable on account of his criminal conviction. An immigration judge ordered his removal on December 14, 2006.
ICE Removes Pakistani Man who Bragged About Fighting Against the United States In Afghanistan (Denver OCC) - On April 3, 2007, ICE removed Haroon Rashid to Pakistan. Rashid was a native born Pakistani who became a lawful permanent resident of the United States on December 13, 1997. On March 13, 2003, Rashid was arrested on an assault charge in Colorado. The arresting officer reported that the then 32 - year - old Rashid had beaten a 16 - year old male victim about the face multiple times with a closed fist. A jury convicted Rashid of assault on March 17, 2004. In court proceedings related to this charge, an FBI agent told the judge that Rashid had bragged to him that he had fought against American forces in Afghanistan after September 11, 2001. He also claimed to have been awaiting orders from Al Qaeda that would have required him to commit violent acts inside the United States. Once Rashid had exhausted his appeals, ICE instituted removal proceedings against him on April 21, 2004, charging that he was removable due to his assault conviction. On November 29, 2004, an immigration judge sustained the charge and ordered Rashid’s removal from the United States.
Member of United States Treasury Designated Terrorist Organization Removed to Pakistan (San Francisco) - On June 23, 2007, ICE removed Azizuddin Ahmed Biyabani to Pakistan. Biyabani was an officer and fundraiser for the Benevolence International Foundation (BIF). The United States Treasury Department designated the BIF to be a terrorist organization on November 19, 2002 because it had been giving financial support to Al Qaeda. Up until that time, the BIF portrayed itself as a charitable organization dedicated to helping those affected by war. In reality, BIF was raising money to purchase armaments for Al Qaeda members in Chechnya, Afghanistan, Bosnia and Pakistan. In 2002, computer records seized from BIF’s offices in Bosnia confirmed that it was an Al Qaeda supporter. On April 12, 2007, ICE charged Biyabani with trying to procure lawful permanent resident status through fraud. ICE specifically alleged that Biyabani had, during the residency adjudication process, concealed the fact that he materially supported a terrorist organization. Ultimately, an immigration judge sustained this charge and ordered the removal of Biyabani on May 21, 2007.
Flight School Student Removed to England (San Diego) - On July 7, 2007, ICE removed Hanni Mohammed Maali to England. Maali entered the United States on January 27, 2007 in order to attend the Anglo - American Aviation School in El Cajon, California. After his admission, a tipster reported to the FBI that Maali was interested in learning only how to operate planes and not how to take off or land. The source also indicated that several flight instructors refused to fly with Maali. He was also heard making derogatory comments about the United States and verbal threats towards his instructors. ICE placed Maali in removal proceedings after the flight school expelled him. An immigration judge ordered Maali’s removal from the United States on June 20, 2007.
Man Smuggled into the United States by Hezbollah Removed to Lebanon (Detroit) - On July 31, 2007, ICE successfully removed Mohamad Berry to Lebanon. Berry admitted to the FBI that he was smuggled into the United States by Hezbollah so that he could raise money for this designated terrorist organization. Berry was ordered removed by an immigration judge on October 30, 2006.
ICE Removes Man Convicted of Participating in a Scheme to Export Prohibited Equipment to Iran (San Antonio) - On November 14, 2007, ICE successfully removed Seyed Rohani Eftekhari to Canada. Eftekhari was arrested on September 18, 2006 for his role in a conspiracy hatched to try to evade United States export laws. U.S. law prohibits the export of certain materials to Iran. The United States Attorney’s Office for the Western District of Texas charged Eftekhari and others with trying to obtain a special sensor that could potentially have been used in an Iranian nuclear power plant. After Eftekhari was sentenced to one year in prison, ICE lodged immigration charges against him. ICE asserted that Eftekhari was removable from the U.S. because he had overstayed his visa and violated U.S. export laws. An immigration judge ordered Eftekhari’s removal based on these charges on October 15, 2007.
ICE Removes Man who Threatened College Faculty (Phoenix) - On January 14, 2008, ICE successfully removed Ali Abu Rahman. Rahman entered the United States on February 4, 2002 in order to study at the University of Nevada. In May of 2007, after the University denied him a spot in one its Ph.D. programs, Rahman threatened to kill several faculty members, stating: “I will kill them all, I know how to do it.” The University’s President barred Rahman from campus. Nevada authorities arrested Rahman for several offenses related to these threats. He was taken into ICE custody and charged with failing to maintain his nonimmigrant status. An immigration judge ordered his removal on July 10, 2007.
Convicted Arms Dealer Removed to Colombia (Miami OCC) - On February 15, 2008, ICE successfully removed Guillermo Cardoso - Arias to Colombia. On August 26, 2003, ICE Special Agents commenced an investigation into Cardoso - Arias. He was suspected of attempting to procure a large number of military weapons for export from the United States. Over the course of several meetings between Cardoso - Arias and a confidential informant, Cardoso - Arias negotiated the exchange of approximately 24 kilograms of cocaine for approximately 200 fully automatic AK - 47 assault rifles. During his post - arrest interview, Cardoso - Arias admitted that he intended to export the rifles to Colombia and give them to the United Self - Defense Forces of Colombia (AUC), a paramilitary group that the United States has designated to be a terrorist organization. On October 6, 2004, the United States Attorney’s Office for the Southern District of Florida indicted Cardoso - Arias for (1) engaging in the business of brokering defense articles (to wit: 200 fully automatic AK - 47 rifles) and (2) attempting to export the aforementioned defense articles in violation of the Arms Export Control Act. Cardoso - Arias pled guilty to the charges on January 13, 2005. On January 29, 2008, ICE charged Cardoso - Arias with five violations of the Immigration and Nationality Act based on these convictions. On February 7, 2008, an immigration judge ordered the removal of Cardoso - Arias from the U.S.
Man Armed with Knife who Attempted to Board Plane Removed to Yemen (Los Angeles) - ICE removed Mohammed Ghanem to Yemen on April 1, 2008. On September 7, 2006, the Transportation Security Administration (TSA) intercepted Ghanem before he was able to board an airplane in Detroit. The TSA discovered that Ghanem had hidden a knife with a 2.5” blade in an address book that he was carrying. The state of Michigan charged Ghanem with a felony for having the knife in a restricted part of the airport. The jury convicted Ghanem and the court sentenced him to one year in jail. The sentencing judge remarked that he was exceeding the sentencing guidelines in order to protect future travelers. Upon completion of this sentence, ICE charged Ghanem with being removable from the United States for his actions related to the concealed knife. An immigration judge ordered Ghanem’s removal on July 26, 2007.
Member of Al - Aqsa Martyr’s Brigade Agrees to Depart From the U.S. Under Court Order (New Orleans OCC) - On June 3, 2008, Tamer Dandis voluntarily departed from the United States pursuant to an immigration judge’s order. On February 20, 2008, members of the Joint Terrorism Task Force apprehended Dandis. Dandis admitted that he is a member of Al - Aqsa Martyr’s Brigade, which is a terrorist organization that operates mainly in the West Bank. Brigade members are responsible for numerous suicide attacks against Israeli citizens. These attacks caused many deaths. Dandis admitted to participating in attacks against Israeli soldiers. ICE charged Dandis with being a visa overstay and put him into removal proceedings.
ICE Removes Man Convicted in India of Terrorism Related Charges (San Francisco) - On July 7, 2008, ICE successfully removed Ranjodh Singh to India. Singh had been convicted in India of terrorism related charges due to his activities with the Khalistan Commando Force (KCF). In the 1980’s and 1990’s, the KCF was a militant Sikh separatist group in India responsible for violent attacks on members of India’s armed forces and police. The government of India considers the KCF to be a terrorist group . While appealing his conviction, Singh fraudulently obtained an Indian passport and a humanitarian visa to come to the United States to donate a kidney. After arriving in the U.S., Singh refused to donate the kidney and instead attempted to extort money from the intended recipient’s family in exchange for the kidney. On June 2, 2005, ICE charged Sing in immigration court with being a visa overstay. An immigration judge ordered Sing’s removal on August 16, 2007.
ICE Removes Convicted Hijacker to Croatia (Philadelphia) - On July 23, 2008, ICE removed Zvonko Busic to Croatia. Busic was responsible for a plane hijacking and the death of a police officer. On September 10, 1976, Busic planted a bomb in a New York bus station that killed a police officer when the bomb was being dismantled. On that same date, Busic and several accomplices hijacked a plane with 85 passengers and seven crew members on board. The plane was originally slated to travel from New York to Chicago. Busic and the other hijackers instructed the pilot to fly to Europe so that they could drop leaflets supporting Croation independence over European cities. In order to gain control of the plane, the hijackers lied and claimed that there were five bombs on the plane. Ultimately, the plane landed in France and Busic and his accomplices surrendered to French authorities. Busic was returned to the United States. He was prosecuted and convicted of federal offenses connected to the hijacking and the death of the police officer. He received a life sentence with the possibility of parole. He served 31 years and was then paroled. On July 31, 2006, ICE obtained a removal order against Busic on July 31, 2006.
ICE Removes Florida Imam who was a Member of an Egyptian Terrorist Organization (Miami) - On September 12, 2008, ICE successfully removed Sarafat Mohamed to Egypt. Mohamed was an Imam for the Hoda Islamic Center in Gainesville, Florida. Mohamed entered the United States on October 26, 1999 on a non - immigrant religious worker visa. He later obtained a special immigrant religious worker visa. He applied to become a lawful permanent resident in 2001. The FBI interviewed Mohamed in 2005. Mohamed confessed to the FBI that he was a founding member of Takfir Wal Higra (TWH). TWH was an Egyptian based terrorist organization responsible for the 1977 kidnapping and murder of the Egyptian Minister of Islamic Endowment, Mohamed Hussain Al Zahabi. TWH was notable because, unlike many other radical Islamic groups, it did not refrain from murdering other Muslims. Though Mohamed denied any role in the murder, he admitted to being a recruiter for TWH. He also admitted that he served as the religious leader for TWH. After the murder, Egyptian authorities arrested many members of TWH, including Mohamed. He was convicted for his membership in the organization and served a 20 year prison sentence. Mohamed failed to include his arrest and conviction in his application to become a lawful permanent resident of the United States. United States Citizenship and Immigration Services denied Mohamed’s residency application and placed him in removal proceedings, charging him with lying in order to gain an immigration benefit. ICE vigorously sought a removal order in immigration court. Over the strong objections of ICE, an immigration judge in Miami granted Mohamed’s request to become a lawful permanent resident. ICE successfully appealed this decision to the Board of Immigration Appeals. The Board agreed with ICE and reversed the ruling of the immigration judge. The Board ordered the removal of Mohamed on July 30, 2008.
