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IMMIGRATION
NEWS
This
week we witnessed again the sad spectacle of hundreds of Haitians fleeing to the
Florida shores from an overcrowded un-seaworthy vessel. It is a strange but telling
sight - - desperate individuals running with only the clothes on their backs to
a shore dotted with seaside mansions. Busy Americans found their commute to work
interrupted by men and women fleeing for their lives across our highway 95. The
accident of these two groups colliding - - almost literally - - into each other
reveals a truth that goes far beyond our shores. Massive migration of desperate
people is and will continue to be a world problem - - in Europe, Africa, Asia
and Oceania as well as the Western Hemisphere. Indeed, this week’s Economist
had its survey section dedicated to this issue. Haiti, is a country where many
have and will continue to seek to flee. We thought it would be a good week, therefore,
to give Haiti a closer look. How is it that the second oldest Republic in the
Western Hemisphere, the first country to defeat Napoleon and the first independently
governed country of freed slaves, should fall so low? Why are people risking their
lives to flee Haiti? What, if anything, can be done to improve the situation so
that good people are not reduced to risking their lives on the open sea and our
social order is not threatened by the ensuing chaos.
More
than 200 Haitians appeared off the waters of Miami on Tuesday. We believe that
this is the forerunner of more to come. While the present American position is
to indefinitely detain such refugee seekers, we believe - - even outside the morals
of the approach - - it will be ineffective. See our review below for an explanation.
Local and national politicians from both parties have called on Mr. Bush today
to implore his brother, President George W. Bush, to end what they say is a discriminatory
administration policy requiring indefinite detention of Haitians seeking asylum.
The rule does not apply to refugees of any other nationality. However, Haitians
are different, in part, because they are so close and their lives so miserable.
ONLINE
SERVICE WORKING
The Immigration & Naturalization Service announced on October 28, 2002, the successful
implementation of Case Status Online. We previously reported this service and
many of you commented that it was not working. Apparently, the bugs are now out
of the system. Customers who have a receipt number for an application or petition
filed at an INS Service Center can check the status of their pending case online
through the INS website and avoid prolonged waits on the phone or at a local office.
TWO
MARIJUANA POSSESSION CONVICTIONS NOT AGGRAVATED FELONY
An individual who has been convicted twice of misdemeanor marijuana possession
under New York State law has not been convicted of an aggravated felony under
INA §101(a)(43)(B), 8 USC §101(a)(43)(B) (2000). In re Nabil Ahmed Elgendi, 23
I&N Dec. 515 (BIA 10/31/02) Int. Dec. 3482. This decision follows Second Circuit
precedent.
ALZHEIMER NURSING ASSISTANT MAY NOT DO HOUSEKEEPING TASKS
In Mertz Care Home, the Employer required a nursing assistant to work with patients
suffering from Alzheimer’s disease. Among other duties, the nursing assistant
was required to “clean an eight-room house,” “make beds,”
and “wash-iron-dry clothes.” The Certifying Officer argued that these
amounted to a combination of job duties, and that nursing assistants do not normally
perform housekeeping work. The Employer countered that the facility provided in-home
style care to patients as they had previously enjoyed in their own homes, and
not institutional style care, therefore, requiring the nursing assistants to perform
housekeeping tasks for about 20 percent of their work time. Applying
the business necessity standard for a combination of duties in Robert L. Lippert
Theatres, 1988-INA-433 (May 30 1990) (en banc), the Board agreed that the Employer’s
documentation alleging convenience or practicality of the multi-type duties to
be performed by the nursing assistants was not sufficient to establish business
necessity. (Denied, San Francisco) Mertz Care Home, 2001-INA-152 (BALCA, April
9, 2002)
The
spectacle of seeing hundreds of Haitians fleeing to our shores off a rickety over
crowded boat has brought back memories of the nineties to many Americans. This
week we thought we would present our readers with some background on this forlorn
country and our relationship with it.
Haiti is a country approximately the size of Maryland with a population of about
8.2 Million (some sources suggest approximately 7.5 million). Its population is
concentrated most heavily in urban areas, coastal plains, and valleys. About two-thirds
of the population live in rural areas. About 95% of Haitians are of African descent.
The rest of the population is mostly of mixed Caucasian-African ancestry. French
and Creole are the official languages. French, however, spoken by only about 10%
of the people.
There is a state religion - - Roman Catholicism, which most of the population
professes. There is, however, and increasing population of Protestants and an
active missionary presence throughout the country. Much of the population - -
particularly the Roman Catholic population - - also practice voodoo.
Haiti is a place where theory and reality do not always converge. Public education
is free, yet private and parochial schools provide around 88% of educational programs
offered. Theoretically, there are six years of compulsory education. However,
the adult literacy in 2001 was estimated at 48%, which takes a broad view of literacy.
Less than 65% of those eligible for primary education are actually enrolled. At
the secondary level, the figure drops to 15%. Only 63% of those enrolled will
complete primary school. Poverty is considered the principal obstacle to increasing
the numbers of students enrolled.
Haiti has a population growth of 1.42%. However, the numbers behind this increase
are abysmal: They have and infant mortality rate of 9.3%; Life expectancy - 49.55
yrs; and a 5.17% adult population AIDS/HIV infection rate. There is a net migration
out of the country, principally to the U.S.- -but also to Canada, the Dominican
Republic, The Bahamas and other Caribbean neighbors, and France. Indeed one out
of every seven Haitians lives abroad. This is a principal source of income, in
fact, for those remaining behind. The economy is in shambles: The CIA estimates
that Haiti has a real growth rate of negative one point two percent (-1.2%); and
a per capita purchasing party parity of $1,700.00 per year. Other state department
sources place that number at a mere $520.00. Either figure, however, places about
80% of the population in abject poverty. Nearly 70% of all Haitians depend on
farming - - principally subsistence farming. This employs about twothirds
of the economically active work force. The CIA estimates that more than twothirds
of the labor force did not have formal jobs in 2001. An enterprising Haitian could,
therefore, earn a year’s portion of his gross domestic product in about
two weeks of the lowest paying American job. There seems, moreover, little prospect
for an improvement in the economic outlook. Following legislative elections in
May 2000, international donors - including the US and EU - suspended almost all
aid to Haiti. As noted above, the economy shrank an estimated 1.2% in 2001, and
the contraction will likely intensify this year. The image of the desperate individuals
running to our Florida shores we saw this week will likely continue unless the
fundamental problems that plague this second oldest Republic in the Western Hemisphere
are addressed and corrected. This is no small task. Much has been tried in the
past; much has failed.
Poor in just about everything else, Haiti has a rich and colorful history. One
that has had greater influence on the United States, than most Americans realize.
It is believed that Columbus visited the Island of Hispaniola on his first voyage
to the New World. The Spaniards, thereafter, used the island of Hispaniola as
a launching point from which to explore the rest of the Western Hemisphere. French
buccaneers - - well that's being generous, licensed pirates is perhaps closer
to the mark - - used the western portion of the island as a point from which to
pillage, harass or sink English and Spanish ships. In 1697, Spain ceded the western
third of Hispaniola - - what is now essentially Haiti - - to France. As piracy
was gradually suppressed, some French adventurers became planters, making Saint
Domingue, as the French portion of the island was known, the "pearl of the Antilles"-
- one of the richest colonies in the 18th century French empire.
African slaves were brought to work on sugarcane and coffee plantations. In 1791,
the slave population revolted - - led by Haitian heroes Toussaint L'Ouverture,
Jean Jacques Dessalines, and Henri Christopheand gained control
of the northern part of the French colony, waging the second revolutionary war
in the Western Hemisphere against a European colonial power.
Napoleon Bonaparte sent an army, which the historian Henry Adams alleges was intended
to be his launching pad into a New World Empire. In January 1804, Haiti - - long
before the British - -defeated Napoleon and declared their independence from France.,
and renamed the area Haiti. Napoleon’s conclusion that his troops were finished
in Haiti, Adams alleges contributed to his decision to sell the Louisiana territory
to the United States in 1803.
Haiti is the world's oldest black republic and the second oldest republic
in the Western Hemisphere. Although Haiti actively assisted the independence movements
of many Latin American countries, the independent nation of former slaves was
excluded from the hemisphere's first regional meeting of independent nations,
in Panama in 1826, and did not receive U.S. diplomatic recognition until President
Lincoln bestowed it in 1862.
Two separate regimes- - -north and south - - emerged after independence but were
unified in 1820. Two years later, Haiti occupied Santo Domingo, the eastern, Spanish
speaking part of Hispaniola. In 1844, however, Santo Domingo broke away from Haiti
and became the Dominican Republic. With 22 changes of government from 1843 to
1915, Haiti experienced numerous periods of intense political and economic disorder,
prompting the United States military intervention of 1915. Following a 19year
occupation, U.S. military forces were withdrawn in 1934, and Haiti regained sovereign
rule. There appears to be surprisingly little written about the American involvement
in Haiti during this period.
The Duvalier family ruled Haiti for 29 years from 1957 until February 7, 1986
under a dictatorship. In 1987, a constitution was ratified that provides for an
elected, bicameral parliament; an elected president that serves as head of state;
and a prime minister, cabinet, ministers, and supreme court appointed by the president
with parliament's consent. The Haitian Constitution also provides for political
decentralization through the election of mayors and administrative bodies responsible
for local government. Haiti was ruled by a series of provisional governments from
1986 until 1991.
In December 1990, Jean-Bertrand Aristide, a charismatic Roman Catholic priest,
won 67% of the vote in a presidential election that international observers deemed
largely free and fair. Aristide took office on February 7, 1991, and was overthrown
that September in a violent coup led by dissatisfied elements of the army and
supported by many of the country's economic elite. Following the coup, Aristide
began what became a 3year period of exile. As many as several thousand
Haitians may have been killed during the period of de facto military rule. The
coup triggered an exodus of Haitians by boat.
The U.S. Coast Guard rescued a total of 41,342 Haitians at sea during 1991 and
1992 alone, more than the number of rescued boat people from the previous 10 years
combined. From October 1991 to September 1994 an unconstitutional military de
facto regime governed Haiti. Various OAS and UN initiatives to end the political
crisis through the peaceful restoration of the constitutionally elected government,
including the Governors Island Agreement of July 1993, failed. When the military
refused to uphold its end of the agreements, the de facto authorities refused
to allow a return to constitutional government, even though the economy was collapsing
and the country's infrastructure deteriorated from neglect.
On July 31, 1994, as repression mounted in Haiti and a UN-OAS civilian human rights
monitoring mission (MICIVIH) was expelled from the country, the UN Security Council
adopted Resolution 940. UNSC Resolution 940 authorized member states to use all
necessary means to facilitate the departure of Haiti's military leadership
and to restore Haiti's constitutionally elected government to power. The United
States took the lead in forming a multinational force (MFN) to carry out the UN's
mandate by means of a military intervention. In midSeptember, with U.S.
troops prepared to enter Haiti by force, President Clinton dispatched a negotiating
team led by former President Jimmy Carter to persuade the de facto authorities
to step aside and allow for the return of constitutional rule. With intervening
troops already airborne, Gen. Raoul Cedras and other top leaders agreed to accept
the intervention of the MNF. On September 19, 1994, the first contingents of what
became a 21,000 international force touched down in Haiti to oversee the end of
military rule and the restoration of the constitutional government. By early October,
the three de facto leadersCedras, Gen. Philippe Biamby, and Police
Chief Lt. Col. Michel Francois and their families had departed Haiti. President
Aristide and other elected officials in exile returned on October 15.
Restored Haitian authorities organized nationwide local and parliamentary elections
in June 1995. A proAristide, multiparty coalition called the Lavalas
Political Organization (OPL) swept into power at all levels. With his term ending
in February 1996 and barred by the constitution from succeeding himself, President
Aristide agreed to step aside and support a presidential election in December
1995. Rene Preval, a prominent Aristide political ally, who had been Aristide's
Prime Minister in 1991, took 88% of the vote, and was sworn in to a 5-year term
on February 7, 1996, during what was Haiti's firstever transition
between two democratically elected presidents.
The presence of the 21,000 international military forces that helped restore constitutional
government to power was gradually ended by 2000. Initially, the U.S.led UN peacekeeping
force numbered 6,000 troops, but that number was scaled back progressively over
the next 4 years as a series of UN technical missions succeeded the peacekeeping
force. By January 2000, all U.S. troops stationed in Haiti had departed. In March
2000, the UN peacekeeping mission transitioned into a peace-building mission,
the International Civilian Support Mission in Haiti (MICAH). MICAH consisted of
some 80 non-uniformed UN technical advisers providing advice and material assistance
in policing, justice, and human rights to the Haitian Government. MICAH's
mandate ended on February 7, 2001, coinciding with the end of the Preval administration.
During this period political, in-fighting was contained if harmony not restored.
The prospects now, given the immediate events of the past, look frightening.
Former President Aristide broke from the OPL in late 1996, creating a new political
party, the Lavalas Family (FL). The OPL, holding the majority of the Parliament,
renamed itself the Struggling People's Organization, maintaining the OPL acronym.
Elections in April 1997 for the renewal of onethird of the Senate and
creation of communelevel assemblies and town delegations provided the
first opportunity for the former political allies to compete for elected office.
Although preliminary results indicated victories for FL candidates in most races,
the elections, which drew only about 5% of registered voters, were plagued with
allegations of fraud and not certified by most international observers as free
and fair. Partisan rancor from the election dispute led to deep divisions within
Parliament and between the legislative and executive branches, resulting in almost
total governmental gridlock.
Prime Minister Rosny Smarth resigned in June 1997. Two successors proposed by
President Preval thereafter were rejected by the legislature. In December 1998,
Jacques Alexis was confirmed as Prime Minister.
During this period, the government was unable to organize the local and parliamentary
elections due in late 1998. In early January 1999, President Preval dismissed
legislators whose terms had expired - -the entire Chamber of Deputies and all
but nine members of the Senate - - and converted local elected officials into
state employees. The President and Prime Minister then ruled by decree, establishing
a cabinet composed almost entirely of FL partisans. Under pressure from a new
political coalition called the Democratic Consultation Group (ESPACE), the government
allocated three seats of the ninemember Provisional Electoral Council
(CEP) to opposition groups and mandated the CEP to organize the overdue elections
for the end of 1999. Following several delays, the first round of elections for
local councilsASEC and CASEK, municipal governments, town delegates,
the Chamber of Deputies, and two-thirds of the Senate took place on May 21, 2000.
The election drew the participation of a multitude of candidates from a wide array
of political parties and a voter turnout of more than 60%.
Controversy mired the good start, however, when the CEP used a flawed methodology
to determine the winners of the Senate races that avoided runoff elections
for eight seats and giving the FL a virtual sweep in the first round. The flawed
vote count, combined with the lack of CEP followup of investigations of
alleged irregularities and fraud, undercut the credibility of that body, whose
President fled Haiti, and two members eventually resigned rather than accede to
government pressure to release the erroneous results. This electoral manipulation
and the subsequent intransigence of Haitian authorities toward international efforts
led by the OAS to assist them take corrective measures, led to sharp criticism
of the Government of Haiti from the international community. On August 28, 2000,
Haiti's new Parliament, including the contested Senators accorded victory
under the flawed vote count, was convened.
The opposition parties regrouped in an alliance that eventually became the Democratic
Convergence. It was the position of the Convergence that the May elections were
so fraudulent that they should be annulled and held again under a new CEP, but
only after thenPresident Preval stood down and had been replaced by a
provisional government. In the meantime, the opposition announced it would boycott
the November presidential and senatorial elections.
Through a number of diplomatic missions by the OAS, the Caribbean Community (CARICOM),
and the United States, the international community had sought to delay Parliament's
seating until the electoral problems could be rectified. When these efforts were
rebuffed and Parliament was seated, Haiti's main bilateral donors announced
the end of "business as usual." They moved to re-channel Haitian assistance away
from the government and announced they would not support or send observers to
the November elections. From September through late October 2000, the international
community attempted unsuccessfully to bridge the differences between the Fanmi
Lavalas government and the Democratic Convergence. In the absence of a solution
and in keeping with the timetable established by the Haitian Constitution, elections
for President and nine Senators took place on November 26, 2000. All major opposition
parties boycotted these elections in which voter participation was very low. JeanBertrand
Aristide emerged as the easy victor of these controversial elections, and the
candidates of his FL party swept all contested Senate seats.
The political stalemate that began with the May 2000 legislative elections has
continued through the date of this report. On February 6, 2001, the Democratic
Convergence named respected lawyer and human rights activist Gerard Gourgue as
provisional president of their "alternative government." Gourgue called the act
"symbolic," designed to protest flawed elections, yet he also issued a provocative
call to reestablish the Haitian Army which thenPresident Aristide
had disbanded upon his return from exile.
On February 7, 2001, Jean-Bertrand Aristide was inaugurated as President. Notwithstanding
the previous year's electoral controversy, the inauguration marked the first
time in the country's history that a full-term president peacefully transferred
power to an incoming president.
A period of frequent negotiations on the political stalemate, mediated by the
OAS, CARICOM, and local civil society groups, occurred between April and July
2001. FL and the Democratic Convergence discussed the possible makeup of a new
electoral council, a timetable for new elections, security for political parties,
and other confidencebuilding measures. Although much progress was made,
including substantial concessions from both sides, the negotiations were suspended
in midJuly without a final agreement.
On July 28, 2001, unknown gunmen attacked police facilities in Port-au-Prince
and the provinces. A subsequent crackdown on opposition party members and former
soldiers by the authorities further increased tensions between Lavalas and Convergence.
On December 17, 2001, an unknown number of unidentified gunmen attacked the National
Palace in Port-au-Prince. According to the government, several police officers
and civilians were killed, and eight people were injured. Following the assault,
progovernment groups attacked the offices and homes of several opposition leaders.
One opposition member was killed. Negotiations between FL and Democratic Convergence,
already on hold following the July violence, were suspended indefinitely. In January
2002, the OAS passed a resolution on Haiti to address the political stalemate,
growing violence, and deterioration in respect for human rights. The OAS and the
Inter-American Commission on Human Rights visited Haiti in February. The OAS visit
culminated in an agreement with the government in which the OAS would investigate
the December 17 attacks and establish a mission in Haiti in order to create conditions
for a renewal of negotiations between the government and the Democratic Convergence.
The State Department issues the following advisory to Americans visiting Haiti.
“There are no "safe areas" in Haiti. Crime, already a problem, is growing.
The state of law and order is of increasing concern, with reports of armed robberies
and break-ins, kidnappings, murders and car hijackings becoming more frequent.
The police are poorly equipped and unable to respond quickly to calls for assistance.
Criminals have kidnapped, shot, maimed and killed several U.S. citizens in recent
years. Kidnappings for ransom, in particular, are an emerging problem and several
U.S. citizens have been victims of recent kidnappings. Travelers should be particularly
alert when leaving the Port-au-Prince airport, as criminals have often targeted
arriving passengers for later assaults and robberies. Criminals also watch bank
customers and subsequently attack them, and some recent incidents have resulted
in the victims' deaths. The use of public transportation, including "tap-taps"
(private transportation used for commercial purposes), is not recommended. It
is suggested that travelers arriving at the airport be met by someone known to
them. This, of course, hardly sounds like a marketing brochure for a lovely Caribbean
paradise. Herein lies a significant part of the problem. The violent parasites
have killed the body they lived on. There is virtually nothing left.
Given this reality and the desire for men to live, it is unthinkable that Haitians
will not try to escape their fate by migration to a better place. America, of
course, is one of the likely destinations. What then can be done to stop the deluge
of the desperate to our beaches? One solution, ironically, might be to allow large
numbers of Haitians into the United States on temporary work visas, to work in
a variety of low skilled jobs, but requiring their return to Haiti every two or
three years for one full year. The visas could be conditioned on the absence of
a criminal record, and the presence of family and other ties in Haiti to ensure
their likely return. This will provide money to be sent home; an incentive to
abide by the law and an opportunity to expand the cultural vista of the inhabitants
of this much reduced island. This will not be a panacea for all of Haiti’s
problems, but it would be a constructive start. It would also provide some order
to a system that is now in chaos. Our prisons cannot hold all the Haitian who
will attempt to enter the United States and without some appropriate lawful escape
valve, the ships, we fear, will keep coming.
CANADA
WARNS CITIZENS AGAINST TRAVEL TO THE U.S.
Canada warned its citizens born in Middle Eastern countries like to think carefully
before entering the United States. The Foreign Ministry said it issued the advisory
after Washington stipulated that anyone born in Iran, Iraq, Libya, Sudan, or Syria
needed to be photographed and fingerprinted on arrival in the United States. This
includes citizens of Canada, a country, which is traditionally regarded as one
of the closest allies of the United States. The Foreign Ministry advisory, posted
on its Web site, is another indication of how ties between the two neighbors have
soured in past months amid disputes over trade, policy toward Iraq and immigration
policies.
WARNING ON TRAVEL TO SOUTHEAST ASIA
The State Department is warning that in the aftermath of the terrorist bombings
in Bali, Indonesia, the possibility exists that similar attacks may occur in other
Southeast Asian nations. The Department is concerned that individuals and groups
may be planning terrorist actions against United States citizens and interests,
as well as sites frequented by Westerners. Noted of particular concern are clubs,
restaurants, places of worship, schools, outdoor recreation events, hotels, resorts
and beaches. On October 23, the United States Government designated the Jemaah
Islamiya (JI) organization a Foreign Terrorist Organization. JI is an extremist
group with cells operating throughout Southeast Asia. JI members recently arrested
in the region have revealed links with al-Qaeda, other regional terrorist groups,
and previous terrorist attacks in the region.
Travel Warnings and Consular Information Sheets for Brunei, Burma, Cambodia, East
Timor, Indonesia, Laos, Malaysia, the Philippines, Singapore, Thailand, and Vietnam,
all of which are available at the Consular Affairs Internet web site.
TRAVEL WARNING ON IRAQ
The State Department is warning that foreigners may risk of kidnapping in Iraq.
The U.S. Government continues to urge all U.S. citizens to avoid travel to Iraq,
and those U.S. citizens in Iraq to depart, in light of Iraq's continuing challenges
to the U.S./Coalition enforcement of the no-fly zones, and the potential for retaliatory
action by the Government of Iraq against U.S. citizens. The Department warns that
conditions throughout Iraq remain unsettled and dangerous and that foreigners
present in Iraq have in the past been used as "human shields" by the regime during
periods of confrontation with the international community. U.S. passports are
not valid for travel to, in or through Iraq, unless they are validated by the
Department of State. The only exceptions are the passports of American professional
reporters or journalists on assignment in Iraq and Americans residing in Iraq
as of February 8, 1991. For further general information about travel to Iraq,
please consult the Department of State's latest Consular Information Sheet
for Iraq, which may be found on the Internet.
ITALY WARNS OF DISRUPTIONS
The Government of Italy is warning Americans resident and traveling in Italy of
potential disruptions related to the meeting in Florence of the European Social
Forum (ESF) from November 6-9, 2002.
CENTRAL
AFRICAN REPUBLIC REFUGEES STOPPED AT BORDER
Terrified residents fleeing fighting in the Central African Republic (CAR) capital,
Bangui, are being prevented from escaping to the neighboring Democratic Republic
of the Congo (DRC), say newly arriving refugees.
RUSSIAN MILITARY BUILD UP WORRIES DISPLACED CHECHENS FOLLOWING TERRORIST
ATTACK
The UN refugee agency has said that a recent military build-up near camps for
internally displaced Chechens in Ingushetia is worrying inhabitants and raising
protection concerns for some who have yet to receive official registration documents.
UNHCR staff and monitors have reported that since October 25, military troops
have moved to Ingushetia and established a presence close to four camps for internally
displaced persons (IDPs). The camps in central Ingushetia, known locally as Alina,
Bella, Satitza and Sputnik, host some 17,000 Chechen IDPs
HUMAN RIGHTS WATCH URGES UN TO INCREASE PEACEKEEPERS IN CONGO
HRW said the the U.N. Security Council must increase its peacekeeping force in
the eastern Democratic Republic of Congo (DRC) to protect civilians against slaughter.
U.N. Secretary-General Kofi Annan has asked that the United Nations Organization
Mission in Congo (MONUC) be expanded to 8,700 troops.
NEW
CUSTOMS REGULATIONS REQUIRE 24 HOUR NOTICE BY SEA CARRIERS
The Customs Service has published final regulations requiring sea carriers to
provide cargo manifests 24 hours prior to the lading of cargo at foreign ports
for shipment to the United States. This information is required in advance to
enable U.S. Customs to evaluate the terrorist risk of cargo containers.
AMERICAN WEAPONS SEIZED BEFORE ENTERING MEXICO
A cache of American weapons and ammunition hidden in a secret compartment of a
Chevrolet pick-up truck was reportedly seized last Thursday at the Douglas port
of entry. The vehicle's driver, Antonio Nelson Nole-Moran, 51, is a Peruvian
who lives in Salem, Washington tried to drive the pickup into Mexico, but was
turned back because he lacked documents needed to export the vehicle. When he
was re-entering the United States through the port of entry, customs officials
noticed Nole-Moran was nervous and searched the vehicle. Inspectors found a secret
compartment in the truck's bed containing three semiautomatic rifles, one
shotgun and 10 handguns of various calibers. Nole-Moran was arrested and charged
with attempting to illegally transport firearms into Mexico.
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