UNITED STATES DISTRICT COURT DISTRICT OF COLU MBIA murmur In the Matter of the Search of: CASE NUMBER: 65-3290 KWX T0: not any Authorized Officer of the United States Afdavitls} having been made before by who has reason to believe that on the person or on the premises known a? - FOR SEE armament TO THE amorwrr WHICH IS ATTACHED HERE TO AND INCORPORATED HEREIN areEFEnence . of Columbia, there is now concealed a certain person or property, namel- SEE ATTACHMENT TO THE AFFIDAWT WHICH IS ATTACHED HERE TO MID INCORPORATED HEREIN BY REFERENCE A I am satis?ed that the rfdavitts) and any recorded testimony establish probable cause to believe that the person or property so described is now concealed on the person or premises above-described and establish grounds for the issuance of this warrant. you ARE before untrue 201 7. . i {not to exceed .10 days) the person or one named above for the person or prope paci?ed, sewing this warrant and making the search in the daytime 6:00 A.M._tro 1 1:00 PM.) and if the person or property be found there to seize same. leaving a copy of this warrant and receipt forthe person cry. - United States Magistrate Judger as required by law. i ACT 103 - POWERS AND DUTIES OF THE ATTORNEY 6 EN ERAL AND THE COMMISSIONER Sec. 103. [8 USE. i 103] (at it i The Attorney General shall be charged with the adr'nlnisttation and enforcement of this Act and all other laws relating to the immigration and naturalization of aliens, except insofar as this Act or such laws relate to the powers, functions, and duties conferred upon the President, the Secretary of State, the of?cers of the Department of State, ordiplomatic or consular of?cers: Provided howevecThat determination and ruling bythe Attorney General with respect to all questions of law shall be controlling . (2) He shall have control, direction, and supervision of all empioyeesand of all the tiles and records ofthe Service. He shall establish such regulations; prescribe such forms of bond, reports, entries, and other papers; issue such instructions; and perform such other acts as he deems necessary for carrying out his authority under the provisions otthis Act. (4) He may require or authorize any employee ofthe Service or the Department of Justice to perform or exercise any of the powers. privileges. or duties conferred or imposed by this Act or regulations issued thereunder upon any other employee of the Service. (5) He shall have the power and duty to control and guard the boundaries and borders of the United States against the illegal entry of aliens and sisal. in his discretion. appoint for that purpose such number of employees of the Service as to him shall appear necessary and proper. (6) He islauthorized to confer or impose upon any employee of the United States. with the consent of the head of the Department or other independent establishment under whose jurisdiction the employee is serving, any of the powers, privileges, or duties conferred or imposed by this Act or regulations issued thereunder upon of?cers or employees of the Service. He may, with the concurrence of'the Secretary of State. establish of?ces ofthe Service in foreign countries: and, after consultation with the Secretary of State, he may, whenever in hisjudgment such action may be necessaryto accom plish the purposes of this Act. detail employees of the Service for duty inforeign countries. 9/ After consultation with the Secretary of State, the Attorney General may authorize of?cersof aforeign country to be stationed at precharance facilities in the United States for the purpose of ensuring that persons traveling from or through the-United States to that foreign country comply with that country?s immigration and related laws 3/ 9} Those of?cers may exercise such authority and perform such duties as United States immigration of?cers are authorized to exer- cise and perform in that foreign country under reciprocal agreement, and they shall enjoy such reasonable privileges and immunities necessary for the performance oftheir duties as the government oftheir country extends to United States immigration of?cers. 3! (10) if 9! in the event the Attorney General determines that an actual or imminent mass influx of aliens arriving off the coast of the United States, orneara land border. presents urgent circumstances requiring an intMediate Federal response, the Attorney General may authorize any State or local law enforcement of?cer, with the consent ofthe head ofthe department, agency. or establishment under whose jurisdiction the individual is serving, to perform or exercise any of the powers, privileges, or duties conferred or imposed by this Act or regulations issued thereunder upon of?cers or employees of the Service. aqua-?nus- (i i) 2! 9/ The Attorney General, in support of persons In administrative detention in non-Federal histltutions, is authorized- (Alto make payments from funds appropriated for the administration and enforcement of the laws relating to im migration, naturali- tion and alien registration for necessary clothing, medical care, necessary guard hire, and the housing. care, and security of persons detained by the Service pursuant to Federal law under an agreementwith a State or political subdivision ofa State; and {Bite enter into a cooperative agreement with any State, territory, or political subdivision thereof, for the necessary construction, phys- ical renovation, acquisition of equipment, supplies or materials required to establish acceptable conditions of con?nement and deten- tion services in any State or unit of local government which agrees to provide guaranteed bed space for persons detained by the Ser- vice. Jup- ?nm gun-.mum- s-y w-A - ma .-.--. - more-- up- ACT 238 - EXPEDITED REMOVAL OF CONVICTED OF COMMITTING AGGRAVATED Sec 238 1/ [8 Removal of Criminal Aliens;- In general-The Attorney General shall provide for the availability of special remcival proceedings at certain Federal. State, and local correctional facilities for aliens convicted of any criminal offense covered in section 241 2/ (Bl, (Ci, or (D), or any offense covered by section 241 3! f0r which both predicate offenses are, without regard to the date of their commission, otherwise covered by section 241 4/ 5} Such proceedings shall be conducted In con? formity with section 240 {except as otherwise provided in this section), and in a mannervvhich eliminates the need for ad- ditional detention at any processing center of the Service and in a manner which assures expeditious removal following the end ofthe alien's incarceration for the underlying sentence. Nothing in this section shall be constrUEd to create any substantive or procedural right or bene?t that is legally enforceable by any party nited States or its agencies or of?cers or any other person. implementation?With respect to an alien convitted of an 6! any criminal offense covered in section 243 (B) (Ci or (DJ or any offense covered by section 241 [elm for which both predicate offenses are covered by section 241(a)(2) (Alli) who is taken into custody by the Attorney General pursuant to section 236(cl the Attorney General shall, to the maximum extent practicable,cletain any such felon at a facility at which other such aliens are detained in the selection of such facility, the Attorney General shall make reasonable efforts to ensure that the alien's access to counsel and rig ht to counsel under section 292 are not impaired. Expedited proceedings- (A) Notwithstanding any other provision of law, the Attorney General shall provide for the initiation and, to the extent pos- sible, the completion of removal proceedings, and any administrative appeals thereof, in the case of any alien convicted of an aggravated felony before the alien's release from incarceration for the underlying aggravated felony. (B) Nothing in this section shall be construed as requiring the Attorney General to effect the removal of any alien sen- tenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is con?ned. (4) Review.- (AlThe Attorney General shall review and evaluate removal proceedings conducted under this section. (B) The Comptroller General shall monitor, review, and evaluate removal proceedings conducted under this section. Within cerning the extent to which removal proceedings conducted under this section may adversely affect the ability of such aliens to contest removal effectively. [bl Removal of Aliens Who Are Not Permanent Residents.- The Attorney General may, in the case of an alien described in paragraph (2), determine the deportability of such alien under section (relatth to conviction of an aggravated felony} and issue an order of removal pursuant to the procedures set forth in this subsection or section 240 . .. .. .. ?pr-"hmmru a. . . sen??nun 4 a (21 An alien is described in this paragraph tithe alien- (A) was not lawfully admitted for permanent residence at the time at which proceedings under this section commenced; or (8) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced. (3iThe Attorney General may not execute any order described in paragraph until 14 calendar days have passed from the date that such order was issued. unless waived by the alien, in order that the alien has an opportunityto apply forjudi~ cial review under section 242. (4) Proceedings before the Attorney General under this subsection shall be in accordance with such regulations as the At- torney General shall prescribe. The Attorney Generai shall provide that- (Al the alien is given reasonable notice of the charges and of the opportunity described in subparagraph (C): (B) the alien shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as the alien shall choose: (C) the alien has a reasonable opportunity to inspect the evidence and rebutthe charges; We determination is made for the record that the individual upon whom the notice for the proceeding underthis sec- tion is served (either in person or by mail} is, in fact, the alien named in such notice: (E) a record is maintained forjudicial review; and (F) the ?nal order of removal is not adjudicated by the same person who issues the charges. (5) No alien described in this section shall be eligible for any relief from removal that the Attorney Generai may grant in the Attorney General's discretion. 1 Presumption of alien convicted of an aggravated felony shall be conclusively presumed to be deport- able from the United States. 8! Judicial Removal.- Authority-Notwithstanding any other provision of this Act, a United States district court shall havejurisdiction to enter a judicial order of removal at the time of sentencing against an alien who is deporta ble. 9/ if such an order has been re- quested by the United States Attorney with the concurrence of the Commissioner and if the court chooses to exercise such jurisdiction. (2) Procedure ACT 240 - REMOVAL PROCEEDINGS Sec. 240. 1! Proceeding.- (l in general-An Immigration Judge shall conduct proceedings for deciding the inadmissibility or deportability ofan alien. Charges-An alien plaCEd in proceedings underthis section may be charged with any appiicable ground of ty under section 212(a) or any applicableground of deportability under section 237(aJ . Exclusive procedures.?Uniess otherwise speci?ed in this Act, a proceeding under this section shall be the sole and exclu? sive procedure for deters-liming whether an alien may be admitted to the United States or, ifthe alien has been so admit- ted, removed from the United States. Nothing in this section shall affect proceedings conducted pursuant to section 238. (bi Conduct of Proceeding; (1 Authority of immigration judg e.-The immigration judge shall administer oaths, receive evidence, and interrogate, exam- ine, and cross-examine the alien and any witnesses. The immigration judge may issue subpoenas for the attendance of wit- nesses and presentation of evidence. The immigration judge shall have authority (under regulations prescribed by the At- . torney General) to sanction by civil money penalty any action (or inaction) in contempt ofthejudge's proper exercise of I authority underthis Act. Form of proceeding.? (A) in general.~The proceeding may take place? in person, (ii) where agreed to by the parties, in the absence of the alien, through video conference, or (iv) subject to subparagraph (B), through telephone conference. consent anaenoary he'a?ii?g?ofi'th?'??rits ?lafo?ly b?'thd?ctEd?io?ghE'telephone" conference with the consent ofthe alien involved after the alien has been advised of the right to proceed in person or through video conference._ - (BlPresen ce of alien-lfit is impracticable by reason of an alien's mental incompetency for the alien to be present at the proceeding, the Attorney General shall prescribe safeguards to protect the rights and privileges of the alien. (4) Aliens rig in proceeding-in proceedings under this section, under regulations of the Attorney General- (A) the alien shall have the privilege of being represented, at no expense to the Government, by counsel ofthe alien's Ichoosing who is authorizedto practice in such proceedings, {Bithe alien shall have a reasonable opportunity to examine the evidence against the alien. to present evidence on the alien's own behalf, and to cross-ere mi ne witnesses presented by the Government but these rights shall not entitle the alien to examine such national security information as the Government may proffer in opposition to the alie n's admission to the United States or to an application by the alien for discretionary relief under this Act, and (C) a complete record shall be kept of all testimony and evidence produced at the proceeding. (5) Consequences of failure to appear.- (A) In general.~Any alien who, after written notice required under paragraph (1) or (2) of section 239{a) has been provided tothe alien orthe alien's counsel of record, does not attend a proceeding under this section, shall be ordered removed in absentia if the Service establishes by clear, unequivocal; and convincing evidence that the written notice was so provided and that the alien is removable (as def: ned in subsection (eilzi). The written notice by the Attorney General shall be consid- ered suf?cient for purposes of this subparagraph if provided at the most recent address provided under sectio 239lail?l llF) . . (Bl No notice if failure to provide address information.- No written notice shall be required under subparagraph (A) if the alien has failed to provide the address required under section (C) Rescission of omen-Such an order may be rescinded only- upon a motion to reopen ?led within .180 days after the date of the order ofremoval if the alien demonstrates-that the failure to appear was because of exceptional circumstances [as de?ned in subsection or - (ill upon a motion to reopen ?led at any time lithe alien demonstrates that the alien did not receive notice in accordance with paragraph (1) or of section 239(a) or the alien demonstrates that the alien was in Federal or State custody and the failure to appear was through no fault of the alien. - The ?ling of the motion to reapen described in clause ill or shall staythe removal of the alien pending disposition of the motion by the immigra?onjudge. (Di Effect on judicial review.?lt ny petition for review under section 242 of an order entered in absentia under this paragraph shall (except in cases described in section 242(bil5] be con?ned to [ii the validity of the notice provided to the alien, Gil B'f?ifleibl?f (E) Additional application to certain aliens in contiguous territory-The preceding provisions of this paragraph shall apply to all aliens placed in proceedings under this section. including any alien who remains in a contiguous foreign territory pursu- ant to section Treatment of frivolous behavior.-The Attorney General shall, by regulation~ (A: de?ne in a proceeding before an immigration judge or before an appellate administrative body under this title, frivo~ llous behavior for which attorneys may be sanctioned. . (E) specify the circumstances under which an administrative appeal of a decision or ruling will be considered frivolous and will be summarily dismissed, and (C) impose appropriate sanctions (which may include suSpension and disbarmentl in the case behavior. Nothing in this paragraph shall be construed as limiting the authority of the Attorney General to take actions with reSpect to inappropriate behavior. (7) Limitation on discretionary rail of for failure to appear.? Any alien against whom a ?nal order of removal is entered in ab- sentia under this subsection and who, at the time of the notice described in paragraph (1 i or of section 239(a} was pro? vided oral notice, either in the alien?s native language or in another lan guage the alien understands, of the time and place ofthe proceedings and of the consequences under this paragraph of failing. otherthan because of exceptional circum- stances (as de?ned in subsection {elm} to attend a proceeding under this section, shall not be eligible for relief under sec- tion 240A . 24GB 245 248 or 249 for a period of 10 years after the date of the entry of the ?nal order of removal. to] Decision and Burden of Proof.? {11 Decision.?- (Ai in general.-At the conclusion of the proceeding the immigration judge shall decide whether an alien is removable from the United States.The determination of the immigration judge shall be based only on the evidence produced at the hear- ing. (3) Certain medical decisions-if a medical of?cer or civil surgeon or board of medical of?cers has certi?ed under section 23203] that an alien has a diSEase. illness, or addiction which would malte the alien inadmissible under paragraph (1) of sec? tion decision of the immigration judge shall be based solely upon such certi?cation. (2) Burden on alien?in the proceeding the alien has the burden of establishing- (Ai lfthe alien is an applicant for admission, thatthe alien is clearly and beyond doubt entitled to be admitted and is not in- admissible under section 212: or (erby in meeting the burden of proof under subparagraph (B), the alien shall have access to the alien's visa or other entry docu- ment, if any, and any other records and documents, not considered by the Attorney General to be con?dential, pertaining to the alien's admission or presence in the United States. (3) Burden on service in cases of deportable aliens.- (A) In general-in the proceeding the Service has the burden of establishing by clear and convincing evidence that, in the case of an alien who has been admitted to the United States, the alien is deportable. No decision on deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence. (B) Proof of convictions-in any proceeding under this Act, any of the following documents or records (or a certi?ed copy of such an o??icial document or record) shall constitute proof of a criminal conviction: (ii An of?cial record of judgment and conviction. (ii) An of?cial record of plea, verdict, and'sentence. A docket entry from court records that indicates the existence of the conviction. (iv) Of?cial minutes of a court proceeding or a transcript ofa court hearing in which the court takes notice of the existence of the conviction. (vi An abstract of a record of conviction prepared by the court In which the conviction was entered, or by a State of?cial as- sociated with the State's repository of criminal justice records, that indicates the charge or section of law violated, the dis- position of the case, the existence and date of conviction, and the sentence. (vi) Any document or record prepared by, or under the direction of, the court in which the conviction was entered that indi? cates the existence of a conviction. (vii) Any document or record attesting to the conviction that is maintained by an of?cial of a State or Federal penal institu- tion, which is the basis for that institution?s authority to assume custody ofthe individual named in the record. (C) Electronic records-In any proceeding under this Act, any record of conviction or abstract that has been submitted by electronic means to the Service from a State or court shalt be admissible as evidenceto prove a criminal conviction if it is? certi?ed by a State of?cial associated with the State?s repository of criminal justice records as an of?cial record from its repository or by a court of?cial from the court in whichthe conviction was entered as an o?i cial record from its repository, and "?tiil?certi?ed in writing by a'Servi'ca'af?cial as having been court's record repository. A certi?cation under clause may be by means of a computer-generated signature and statement of authenticity. 3i FOR RELIEF FROM iA) lN GENERAL An alien a pplying for relief or protection from removal has the burden of proof to establish that the alien" (ii satis?es the applicable eligibility requirements; and (ii) with respect to any form of reliefthat is granted in the exercise of discretion, that the alien merits a favorable exercise of discretion. (B) SUSTAINING applicant must comply with the applicable requirements to submit information or documen- tation in support of the applicant?s application for relief or protection as provided by iaw or by regulation or in the instruc- tions for the application form. In evaluating the testimony of the applicant or other witness in support of the application, the immigration judge will determine whether or not the testimony is credible, is persuasive, and refers to specificme suf?cient to demonstrate that the applicant has satis?ed the applicant?s burden of proof. in determining whether the ap- plicant has met such burden, the immigration judge shall weigh the credible testimony along with other evidence of record. Where the immigration judge determines that the applicant should provide evidence which corroborates other- wise credible testimony, such evidence must be provided unless the applicant demonstrates that the applicant does not have the evidence and cannot reasonably obtain the evidence. (C) CREDIBILITY DETERMINATION Considering the totality of the circumstances, and all relevant factors, the immigration judge may base a credibility determination on the demeanor, candor, or responsiveness of the applicant or witness, the in- herent plausibility of the applicant's or witness's account, the consistency between the applicant's or written and oral statements (whenever made and whether or not under oath, and considering the circumstances under which the statements were made), the intern al consistency of each such statement, the consistency of such statements with other evidence of record (including the reports of the Department of State on country conditions), and any inaccuracies or false- hoods in such statements, without regard to whether an inconsistency, inaccuracy, or falsehood goes to the heart of the applicant's claim, or any other relevant iactor.There is no presumption of credibility, however, if no adverse credibility de- termination is explicitly made, the appiicant or witness sh all have a rebuttable presumption ofcredibility on appeal. (5) 3/ Notice-if the immigrationjudge decides that the alien is removable and orders the alien to be removed, thejudge shall inform the alien of the right to appeal that decision and of the consequences for failure to depart under the order of removal, including civil and criminal penalties. (6) 3/ Motions to reconsider.? In genera .-The alien may ?le one motion to reconsider a decision thatthe alien is removable from the United States. (Bl Deadline?The motion must be ?led within 30 days of the date of entry ofa ?nal administrative order of removal. is grantee or, trial as, it, a, an can", an; escort, stars other out or ty. 3/ Motions to reopen.- (Al In generaHin alien may ?le one motion to reopen proceedings under this section 33/ except that this limitation shall not apply so as to prewant the ?iing of one motion to reopen described in subparagraph (Citivl. (B) Contents-The motion to reopen shall state the new facts that will be proven at a hearing to be held lithe motion is granted, and shall be supported by af?davits or other evidentiary material. (C) Dead Ii no.- in general?Except as provided in this subparagraph. the motion to reopen shall be ?led within 90 days ofthe date of entry of a ?nal administrative order of removal. (ii) Asylum .-There is no time limit on the ?ling of a motion to reopen if the basis of the motion is to apply for relief under sections 208 or241ibii3l?and is based on changed country conditions arising in the country of nationality orthe country to which removal has been ordered. if such evidence is material and was not available and would not have been discovered or presented at the previous proceeding. - Failure to appears?The ?ling of a motion to reopen an order entered pursuant to subsection (blisi is subject to the dead- line speci?ed in subparagraph (C) of such subsection. (iv) 2/ SPECIAL RULE FOR BATTERED 3a! SPOUSES, CHILDREN, AND PARENTS - 3a! Any limitation under this section on the deadlines for ?ling such motions shall not apply' - ii) ifthe basis for the motion is to apply for relief under clause or of section 204(a)ii )lA) . clause (ii) or of section 3611, section 240Aib) or section 244(a)(3) [as in effect on March 31. 1997); (ii) if the motion is accompanied by a cancellation of removal application to be ?led with the Attorney General or by a cepy of the self-petition that has been or will be ?led with the immigration and Naturalization Service upon the granting of the motion to reopen; 3a! (Ill) if the motion to reopen is ?led within i year of the entry of the ?nal order of removal, exceptthat the Attorney General may. in the Attorney General's discretion, waive this time limitation in the case of an alien who demonstrates extraordinary circumstances or extreme hardship to the alien's child; and 3a! (IV) Ba! if the alien is physically present in the United States at the time of ?ling the motion. The ?ling of a motion to reopen under this clause shall only stay the removal of a quali?ed alien (as de?ned in section of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (B 1641icii1 pend- ing the ?nal disposition of the motion. including exhaustion of all appeals if the motion establishes that the alien is a quaii- ((Al The United States Attorney shall ?le with the United States district court; and serve upon the defendant and the Ser- vice. prior to commencement of the trial or entry ofa guilty plea a notice of intent to request judicial removal. (B) Notwithstanding section 2428 the United States Attorney, with the concurrence ofthe Commissioner. shall ?le at least 30 days prior to the date set for sentencing a charge containing factual allegations regarding the alienage of the defendant and identifying the crime or crimes which make the defendant deportable under section 241(a1l2) (A). (C) if the court determines that the defendant has presented substantial evidence to establish pri ma iacie eligibility for relief from removal under this Act, the Commissioner shall provide the court with a recommendation and report regarding the alien's eligibilityfor relief. The court shall either grant or deny the relief sought. (DJ The alien shall have a reasonable opportunityto examine the evidence against him or her, to present evidence on his or her own behalfr and to cross-examine witnesses presented by the Government. (iilThe court, for the purposes of determining whetherto enter an order described in paragraph {1 l. Shall only consider evi- dence that would be admissible in proceedings conducted pursuant to section 240. Nothing in this subsection shall limit the information a court ofthe United States may receive or consider for the pur- poses of imposing an appropriate sentence. (ivlThe court may order the alien deported-if the Attorney General demonstrates that the alien is deportable under this Act. (3) Notice. Appeal, and Execution of Judicial Order of Removal.- (A) A judicial order of removal or denial of such order may be appealed by either party to the court of appeals for the cir? cuit in which the district court is located. (ii) Except as provided in clause such appeal shall be considered consistent with the requirements described in section 242 . Upon execution by the defendant of a valid waiver of the right to appeal the conviction on which the order of removal is based. the expiration of the period described in section or the ?nal dismissal of an appeal from such convic- tion, the order of removal shall become?nal and shall be executed at the end of the prison term in accordance with the reversed isalternatesresent"" (B) As soon as is practicable after entry of a judicial order of removal. the Commissioner shall provide the defendant with written notice of the order of removal. which shall designate the defendant's country of choice for removal and any alter- nate country pursuant to section 243(a) . (4) Denial ofJudicial omen?Denial 10/ of a request for a judicial order of removal shall not preclude the Attorney General from initiating removal proceedings pursuant to section 240 upon the same ground of deportability or upon any other ground of deportabllity provided under section 24i{a). Stipulateci judicial order of deportation?The United States Attorney, with the concurrence of the Commissioner, may, pursuant to Federal Rule of Criminal Procedure 1 1, enter into a plea agreement which calls for the alien, who is deportable under this Act, to waive the right to notice and a hearing under this section, and stipulate to the entry ofajudicial order of deportation from the United States as a condition of the plea agreement or as a condition of probation or Supervised re- lease, or oth. The United States district court, in both felony and misdemeanor cases, and a United States magistrate judge in misdemeanor cases, may accept such a stipulation and shall havejurisdiction to enterajudiciai order of deporta- tion pursuant to the terms of such stipulation. -