Noe Aleman Discussion...

[IBMMuseum]

Glad to be back on I2US!

For a renewed start I thought I would bring up Noe Aleman's webpage. What is the general feeling here? Having been a Border Patrol agent, but viewed as commiting immigration fraud for lack of knowledge, poor representation, or failures in the system?

http://www.noealeman.com/

[Laura]

This is an interesting story IBM -- I hadn't heard of it before. Thanks for the link!

[IBMMuseum]

This is an interesting story IBM -- I hadn't heard of it before. Thanks for the link!

I heard in a follow-up that it is a six month sentence. The conviction is being used as an indication of further malfeasance by the office of U.S. Attorney Johnny Sutton, although what hand he had in it (or motive) is not clearly explained. My take is being caught in immigration fraud whether or not there was bad representation or just common misunderstandings.

[Coventrated]

I have also heard some nasty tales of Sutton, BUT:

All Border Patrol agents spend 19 weeks in training at the Border Patrol Academy in Artesia, New Mexico, which is a component of the Federal Law Enforcement Training Center.

So it would be reasonable to suppose that he knows something about Immigration?

The girls I take it are Mexican Nationals, they were given one day parole, presumably to attend the adoption hearing?

He says he expected them to have 90 days, but that would have been for the VWP. Plus they did not enter as visitors but as parolees. Either way not as Immigrants.

He says he has incurred $40,000 of legal costs, not sure what on.

There is mention that they were applying for Immigration Visa's, but this was after they had entered. Would he not know what a visa is?

He seems to blame it on a mistake over ages, but this is not relevant.

I just find it hard to believe that somebody who is both in the business of immigration and has gone through months of this in court no doubt with legal advisors, could be so mistaken.

So he or his supporters are being misleading, at best.

[IBMMuseum]

...So it would be reasonable to suppose that he knows something about Immigration?
In my view most of the rank and file of Border Patrol agents don't know the specifics of the immigration process...

He says he has incurred $40,000 of legal costs, not sure what on.
"they spent a total of $40,000 to adopt the three girls". The age does matter somewhat, because if the adoptions were valid (the youngest has to be at least below the age of 16, and I thought it was also two years of presence together) they would have an airtight case. I think their true ages were fudged a little bit to lower them for the adoption process, and the lawyer maybe got them right.

[Coventrated]

I looked at the photos, and the photo could support the ages, the oldest one looks nearer 20 to me, but with girls it is so hard.

I wonder what the true story is, sounds like it could be quite fascinating. Seems that he thought he was above the law.

But also a good example of how the truth can be clouded, especially on immigration isues.

From Visalaw

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.

http://www.usdoj.gov/usao/txw/press_releases/2005/Aleman.sen.pdf

[IBMMuseum]

I looked at the photos, and the photo could support the ages, the oldest one looks nearer 20 to me, but with girls it is so hard...
And the photo could have been taken at any time, even before the "adoptions". As long as there is a sibling under the age of sixteen being adopted at the same time a child can be adopted that is over the age of 16 (USCIS rules for this case). Of course there usually also a timeframe that the court wants the adoptees and adoptors to live together too (unknown how that would work here unless the adoptors would live in Mexico).

Edit from USCIS information:
"There are two legal ways to bring an adopted child into the country. Please review the differences, as they are important to your successful adoption.

Immigration/Adoption of child based on 2-years residence through submitting Form I-130: If you adopt a child before the child turns 16 (or 18, as described below), and you live with the child for two years as the child’s primary caregiver, then you may file an I-130 petition for an alien relative. The petition may be filed after the 16th (or 18th if a sibling) birthday, and the two years may culminate after the 16th (or 18th) birthday. (Please note that, generally, all qualifying criteria must be established BEFORE the child may enter the U.S.)
Immigration/Adoption of an orphan through submitting Form I-600: If you adopt or intend to adopt a child who meets the legal definition of an orphan, you may petition for that child at any time prior to the child’s 16th (or 18th, as described below) birthday, even if the adoption takes place subsequently (and in certain cases, the adoption does not occur until the child comes to the U.S.)."

"Adopting Older Children - “Aging Out” of Eligibility to Immigrate Through Adoption.

If you are considering adopting an older child, you should be aware of the age limits on eligibility for adoptions and immigration, regardless of whether or not your state laws permit the adoption of older children (or even adults).

U.S. law allows the adoption and immigration of children who are under 16 years of age, with two exceptions:

Biological siblings of a child adopted by the same parents may be adopted if under 18 years of age; and

Orphans over the age of 16 may be adopted, as long as the I-600 petition was filed on their behalf before their 16th birthday (or in the case of an orphan who is the sibling of a child adopted by the same parents, before their 18th birthday)."

The girls may have been orphans, but in either case (even with a sibling under 16) they can't be adopted after turning 18. From the DOJ article: "...in order to circumvent age limits of U.S. immigration and legal adoption policies he attempted to adopt three teenage girls from Mexico, ages fourteen, sixteen and eighteen.". Except for the oldest (and she could have been sponsored, albeit after a long wait, once the middle sister became an adult) the girls seem to be conforming to that requirement. But certainly there sounds like a willful withholding of information from the former BP agent.

...he repeatedly provided false information to the United States and the adoption court regarding their ages, whereabouts and parentage.

Parentage make it sound contradictory to his statement that they are related to his wife (prior to the adoption). Age sounds like what I am talking about. Just the fact of not having further contact once they were deported sounds fishy too.

Was it "TIP" (Trafficking In Persons)? Yes, it does sound like he was using his position to ease things along. Rather lucky that he just received a six-month sentence.

[Coventrated]

I did have a look around, but all I can say is that his supporters are not people I would want to associate with.

Looks very very odd. Too many illogical comments to make me believe his story.