Another border agent due to start prison term. (For typographical error)


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Desertdog
June 10, 2007, 12:02 AM
This one will really make your blood boil.

Another border agent due to start prison term
Judge, prosecutor the same as in Ramos-Compean case
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=56100


Noe Aleman

Another former U.S. Border Patrol agent is due to start a prison term on Monday – this man sentenced for a typographical error that he reported to authorities himself so that the situation could be corrected, according to a new report from Friends of the Border Patrol.

And the case bears similarities to the recent case involving two other Border Patrol agents – Jose Compean and Ignacio Ramos – sentenced to prison for shooting at a drug smuggler as he fled back into Mexico, leaving behind hundreds of pounds of drugs he'd brought into the U.S., said Andy Ramirez, chairman of the FOBP.

For example, the prosecutor who handled both cases against Ramos and Compean and Noe Aleman was U.S. Attorney Johnny Sutton, and the judge was Kathleen Cardone.

Sutton has been criticized for a number of his decisions in the Ramos-Compean case, including his choice to provide immunity to the drug smuggler and return him to the United States to help prosecute the law enforcement officers. And the judge, Kathleen Cardone, has been criticized for not allowing the jury to know that the incident involving the border agents was not the only drug-related incident involving the smuggler-turned-witness.

Sutton could not be reached by WND for a comment on the FOBP report.

The organization said the earlier "miscarriage" of justice happened in 2004, when Aleman, a senior patrol agent, notified authorities of a typographical error on an I-94 immigration visa form while he was in the process of adopting as his daughters his wife's nieces.

The organization said Noe and Isabel Aleman were granted unconditional adoption of Saida, Yessica and Azucena, Mrs. Aleman's nieces, in the El Paso courtroom of Judge Patricia Macias on April 12, 2004, and the couple picked up the children at the El Paso Port of Entry with Juarez, took them home and enrolled them in school.

When following up on some later paperwork, Aleman was surprised to see the children had been allowed into the United States on a document allowing only one business day, instead of the standard 90-day allowance.

"Agent Aleman then immediately reported what he and his wife thought was a typo error at the Hawkins (TX) Citizenship and Immigration Services office. He was advised by an immigration attorney … to ask for an adjudication officer and seek an extension of the 'parole' as it is known. Noe did exactly as he was advised, which he was informed by the immigration attorney, who guaranteed him that it would not be a problem having already gone through the adoption process with the Texas State District Court in El Paso," the activist group said.

But when the Alemans later were told their visa had been approved, Aleman was arrested when he arrived to pick it up and charged with harboring illegal aliens, and their three daughters were taken into custody by the government, later to be deported, FOPB said.

"Here is just a sampling," said Ramirez, "of what Sutton’s prosecutors did to the Aleman family and how their civil rights were violated:


"First, Noe was charged with smuggling his own legally adopted nieces. Yet, the government has never opposed the adoption paperwork as finalized by the State of Texas, which remains valid today. This was the same type of false statement that Sutton did to Agents Compean and Ramos though they claim that Agents Compean and Ramos are the wrongdoers and filed false statements.

"Next, the government through agents from the Office of Inspector General and the FBI interrogated the Aleman daughters without counsel present and were trying to get the girls to admit they were being abused, which they vehemently denied. Is this not a violation of the civil rights of their daughters for being questioned without counsel present to protect their rights? When I think of what the government did to protect the non-existent rights of career drug smuggler Osbaldo Aldrete-Davila as compared to the civil rights of the Aleman girls, it makes any logical person sick knowing what happened to the Alemans, their daughters, and fellow Agents Compean and Ramos as well as their families.

"After no evidence of abuse was discovered from this hostile and illegal interrogation, in which the girls were traumatized psychologically; Noe and Isabel's daughters were, in retaliation for not lying to the government, placed in Removal Proceedings late June 2004.

"At the Immigration Hearing on June 20, 2005, the girls, through their counsel, applied for Admission to the U.S. based on the fact that they are legally adopted daughters of U.S. Citizen Parents. The Immigration Judge denied the Application and ordered them removed. The Alemans appealed the decision to the Board of Immigration Appeals ('BIA'), who upheld the original ruling. The Aleman daughters were subsequently deported though their legal and only family remains here in the U.S. The girls were deported and ordered ineligible to return to the U.S. for 10 years.

"The Aleman girls were denied all visitation, and communication to their parents by the Department of Justice throughout this process, though, again, the girls are their legally adopted daughters."


"What's peculiar," Ramirez said, "is that in conducting an independent investigation … as I previously did in the Compean & Ramos case, I learned that a one-day pass is odd as 90 days is considered the standard for issued visas. To prosecute Agent Aleman is yet another example of the abuse of power of Johnny Sutton's office and for him to go to prison in unconscionable when you consider that George W. Bush, former BP Chief and local El Paso Congressman Silver Reyes, and a large number of U.S. Senators support amnesty for what's estimated to be 20 million illegal aliens."

Ramirez also said Sutton's assistants called the Aleman girls "little whores" during testimony before the grand jury.

"What has America become to engage in such tactics against its own citizens and children?" Ramirez questioned. "Noe and Isabel should have been given medals for going through a process and bringing home and a family to their nieces who live in the dangerous Juarez, MX region."

"To think that many in Congress, and George W. Bush support amnesty for at minimum 20 million illegal aliens, while the Aleman's were prosecuted for nothing more than a typo is unconscionable, despicable, and contradictory," Ramirez said.

"What kind of disgusting place has America become to engage in such tactics against its own citizens and children. While this case has nothing to do with my job performance, it defines the hypocrisy of the so-called Department of JUSTICE who protects dopers, and not agents who do their job, families, or its children," Aleman said in a website statement.

Aleman appealed his case, but recently lost his appeal and has been ordered to report for his one-year prison term on Monday in El Paso, Ramirez said.

Ramos and Compean have been in prison since January, when they were ordered to report for their terms of 11 and 12 years.

Ramos and Compean were convicted of shooting and injuring a drug smuggler, Osbaldo Aldrete-Davila-Aldrete, as he fled back to Mexico after driving across the border with a load of 742 pounds of marijuana in February 2005.

While under the protection of the grant of immunity from Sutton, Aldrete-Davila participated in another drug delivery, but the trial transcript in the Ramos-Compean case shows prosecutors successfully sought to have Judge Kathleen Cardone seal all information about Aldrete-Davila's second drug bust from the jury.

Defense lawyers had argued the information about that incident – as documented in Department of Homeland Security and Drug Enforcement Administration investigative reports – went to the heart of the smuggler's credibility when he told jurors his February 2005 escapade was the only time he'd done something like that.

"Mr Aleman didn't discover the error and keep the info to himself, instead he immediately reported it to the Hawkins CIS office in order to secure the appropriate documentation as the honorable man he is," Ramirez said. "Yet, Johnny 'Satan' Sutton's minions chose to prosecute him, and violated not only his civil rights, but his daughters' civil rights, too, the same rights they claim Osbaldo Aldrete-Davila had though he is a known and identified drug smuggler. … We call on Congress to investigate the office of U.S. Attorney Johnny Sutton … because it's clear their conduct in each case has been a disgrace, especially taking into consideration the protection of criminals at the expense of the American taxpayers while prosecuting our law enforcement officers responsible for preventing smuggling and keeping narcotics off our streets."

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GTSteve03
June 10, 2007, 12:48 AM
They imprison and deport those trying to go through the system the right way, and push for all the ones sneaking in to get a free pass. Oh, and a Congressional Medal of Freedom for those whose job it's supposed to be to have our borders secure, who are instead turning a blind eye.

Just another day in the good ole US of A. :rolleyes:

qbpc
June 10, 2007, 12:58 AM
lost for words:cuss::banghead::fire:

skinnyguy
June 10, 2007, 01:03 AM
I just can't say anything.....

Zor Omega
June 10, 2007, 01:29 AM
What else is there to say? Why would you question the judges and the "justice" system? Just like those other two patrol agents should be locked up. I mean why didn't they just let those drug smugglers in?

No seriously, I am getting so sick and tired of hearing about our men and women in uniform getting prosecuted for doing the right thing, and for not being PC. These people are so scared that they will loose thier job or be imprisoned that they hardly even act, and when they do...well you see what happens.

MrRezister
June 10, 2007, 03:09 AM
This horrific crime wave MUST be stopped. We can't have these criminals blatantly shooting at peaceful temporary workers or falsifying reports. These rogue agents must be reigned in by any means necessary.

vis-à-vis
June 10, 2007, 03:15 AM
That ticks me off. How awful.

nobody_special
June 10, 2007, 03:29 AM
:eek:

Despicable. If this is the true story, well... I hope justice can be done. Doesn't seem likely though.

:(

Waitone
June 10, 2007, 06:32 AM
Something about the story smells. I remain skeptical.

JohnBT
June 10, 2007, 08:14 AM
Let me guess, your first clue was when you saw WND?

John

cassandrasdaddy
June 10, 2007, 10:41 AM
aw come one wnd is a GREAT source for something hmmm my tomatoe plants need fertilier

second clue was the interesting way they relate the ramos/campione case

pcosmar
June 10, 2007, 03:10 PM
Well there is more from other sources,
Friends of the Border Patrol. http://www.fobp.us/
From Noe's site. http://www.noealeman.com/noe_aleman_my_official_statement.html
And this. http://www.phxnews.com/fullstory.php?article=48731

ilbob
June 10, 2007, 07:26 PM
If this is the true story


Big if.

JohnBT
June 10, 2007, 09:28 PM
"...Aleman provided false testimony to the adoption court..."

More to the story. Wonder how WND missed this? ;) John

www.visalaw.com/05may3/4may305.html

"Border and Enforcement News

Last week a federal jury in El Paso, Texas, convicted a former Border Patrol agent Noe Aleman, Jr., of conspiracy to defraud the United States and two substantive counts of alien smuggling. As a result, Aleman faces up to 15 years in federal prison and a maximum $750,000 fine.

According to a press release, from January 5, 2004, to June 15, 2004, in order to circumvent age limits of U.S. immigration and legal adoption policies he attempted to adopt three teenage girls from Mexico. Testimony during trial revealed that Aleman provided false testimony to the adoption court in order to obtain crossing orders for the teenagers. The crossing orders prohibited the girls from staying in the United States past March 12, 2004. Jurors found the Aleman knowingly violated the orders, keeping the girls in the United States after that date. Jurors also found that he repeatedly provided false information to the United States and the adoption court regarding their ages, whereabouts and parentage. Sentencing for Aleman is scheduled for 9:00 am on July 26, 2005"

cassandrasdaddy
June 10, 2007, 10:00 PM
oops

pcosmar
June 10, 2007, 10:01 PM
Well there is also this.
My wife Isabel asked me to look at our I-94 visa to see when the standard 90-day visa would expire so we could renew it. I was surprised, having been too excited when we picked them up at the El Paso Port of Entry with Juarez, MX to note that the document had provided one sole business day for their permission to enter the
United States on legal business.

Mr. Ramirez has investigated and informed me that the standard practice when issuing entry visas at the ports of entry is to provide for 90 days.

I reported what I thought was a typo error at the Hawkins (TX) Citizenship and Immigration Services office. I was advised by an immigration attorney while at the CIS office to ask for an adjudication officer and seek an extension of the "parole" as it is known. I did exactly as I was advised, which I was informed by the immigration attorney, who guaranteed me that it would not be a problem having already gone through the adoption process with the Texas State District Court in El Paso.

After a number of contacts with the Hawkins office, I was advised that our visa had been approved and to come and pick up the paperwork, and bring your daughters and identification for them, which we did. I was then arrested and later charged with harboring illegal aliens.

It is also possible that WND is publishing a story that the MSN won't.
This is a quote from the visalaw site you posted.
The president of the largest union representing Border Patrol has resigned, citing the organization’s failing bureaucracy, according to The Inland Valley Daily Bulletin. Joseph Dassaro announced his resignation on April 18, 2005. Dassaro has been president of the National Border Patrol Council’s Local 1613 since 2000, and has been a Border Patrol agent for 13 years. Chris Bauder, a border agent, will take over as president of Local 1613, which represents nearly 2,500 agents in the San Diego, California sector. Dassaro will continue to advocate for Border Patrol agents and has agreed to join Friends of the Border Patol, a civilian organization, as a consultant.

These are related. The Border(is not being) Patrol is haveing a lot of problems with the present administration.

Orthonym
June 11, 2007, 02:08 AM
I find it amusing, or disturbing, or something, that all of the Border Patrol folks mentioned in this story who have had bad things happen to them, have Hispanic-seeming surnames.

Was it not Cesar Chavez of the Farmworkers' Union, who agitated against illegal immigration?

I really do not care (at least not in a good way) for the pale-faced elite of Mexico who shove their problem of lotsa poor brown people across the border for us to deal with.

I go with Edward Abbey, the reputed "eco-terrorist", who proposed giving each Mexican border-crosser a rifle and a thousand rounds, with advice to go home and finish his revolution.

Sigh. Where is Benito Juarez, now that we really need him?

JohnBT
June 11, 2007, 07:42 AM
"It is also possible that WND is publishing a story that the MSN won't."

Won't give up, will you? WND is a joke and the story they published appears to have been spun so hard it bears little resemblence to the truth. I'd say they got the names right and maybe the dates.

John

JohnBT
June 11, 2007, 07:57 AM
"In the original adoption petition, the girls were listed as being 15, 18 and 22. Later, they were listed as being 13, 16 and 18, or 13, 15 and 17, among other combinations." - El Paso Times

Among other combinations???

John

cassandrasdaddy
June 11, 2007, 09:11 PM
ooops! hate it when that happens

LawBot5000
June 11, 2007, 09:16 PM
I fully expect a flood of such stories the closer we get to the primaries. And then again closer to the elections assuming there is any difference between the candidates at that point.

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