Point Of Entry

A criminal conviction led to disbarment in California for conduct described in the report of the State Bar Court Hearing Department

On March 25, 2014, respondent pled guilty to one count of violating Title 8 United States Code section 1324(a)(2)B)(iii) and Title 18 United States Code section 2, bringing an illegal alien to the United States without presentation and aiding and abetting— a felony…

In February 2014 respondent visited Mexico. While there, he was approached by individuals and asked if he would illegally transport undocumented individuals into the United States in exchange for compensation. Respondent agreed to drive a vehicle across the border with unknown individuals concealed in a secret compartment behind the back seat of the car.

On February 20, 2014, respondent picked up a 2000 Lincoln Town Car at a designated location in Tijuana, Mexico. Although the car did not belong to him, respondent was given registration, insurance, and a smog certificate indicating that he was the owner of the car. The undocumented individuals were already secured in a concealed compartment in the undercarriage of the car. Respondent was aware that the undocumented individuals were in the hidden compartment, but he never saw them and they never saw him.

Respondent drove the vehicle from Tijuana, Mexico to the United States border. At 4:00 p.m., respondent applied for admission into the United States via the driving lanes at the San Ysidro, California Port of Entry. Respondent was the sole visible occupant of the vehicle.

Respondent presented his United States passport and his identity documents to a United States Customs and Border Protection Officer (“officer”). The officer then asked repondent a series of questions.

The officer asked respondent where he was going. Respondent, with the intent to deceive the officer and Violate federal immigration laws, falsely replied that he was going to Anaheim, California.

The officer asked respondent what he was doing in Mexico and how long had he been there. Respondent, with the intent to deceive the officer and violate federal immigration laws, falsely replied that he had been visiting his daughter for the day.

The officer then asked respondent if he was bringing anything back from Mexico. Respondent, with the intent to deceive the officer and violate federal immigration laws, falsely replied, “No.”

The officer checked respondent’s crossing history which revealed very few crossings. The officer determined that the vehicle was not registered to respondent.

The officer asked respondent if he owned the vehicle and whether it was registered in respondent’s name. Respondent, with the intent to deceive the officer and violate federal immigration laws, falsely replied that it was his vehicle and that he had owned it for about two months.

The officer asked respondent how long respondent’s daughter had been living in Mexico. Respondent, with the intent to deceive the officer and violate federal immigration laws, falsely answered that his daughter had lived in Mexico for about two months.
The officer then asked respondent to provide the Vehicle’s registration. Respondent’s hands were shaking as he handed the registration to the officer.

The officer asked respondent again whether respondent was bringing anything back from Mexico. Respondent again, with the intent to deceive the officer and violate federal immigration laws, falsely stated, “No.”

The officer asked respondent to open the trunk and unlock the doors to the vehicle, which respondent did.

The vehicle was inspected and two undocumented men were found in a concealed compartment under the back seat of the car. An unknown third person, not respondent, had positioned the men in the car and placed crushed chili pepper on their hands and feet to disguise their smell and avoid detection. The men had been bolted into the compartment and were unable to free themselves. To access the individuals, the back seat had to be forcefully pulled up and three bolts removed. The two men were found unharmed.

The two undocumented men where interviewed and stated that they entered the Vehicle voluntarily with the desire to obtain entry to the United States. The had arranged payment to secure their passage.

(Mike Frisch)