Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendant GORAN BENCUN and the United States have jointly requested and stipulated 15 to entry of a stipulated judicial order of removal, pursuant to Title 8, United States Code, Section 16 1228(c)(5). Pursuant to that stipulated request, the Court finds the following: 17 18 States. 19 2. The Court should enter a judicial order that defendant be removed from the United 20 States to Bosnia-Herzegovina. 21 22 23 24 3. The facts in support of this request are as follows: a. Defendant is not a citizen or national of the United States; b. Defendant is a native and citizen of Bosnia-Herzegovina; c. Defendant entered the United States at on or about 1. Defendant waives the right to notice and a hearing prior to removal from the United United States of America CR-04-1280-PHX-FJM Plaintiff, v. ORDER OF REMOVAL Goran Bencun, Defendant. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

25 January 23, 2003 as a refugee, a status that was granted to the respondent based upon 26 representations he made on Form I-590, Registration for Classification as a Refugee, and signed 27 by him under penalty of perjury, and statements he made under oath during an interview on with 28 an immigration examiner relating to that Form I-590.

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d. The Defendant did knowingly and willfully make a false and fraudulent

2 statement with response to a material fact on the I-590 and during that interview for the purpose 3 of satisfying a requirement to gain immigration benefits, in that defendant failed to report his 4 service in the Army of the Republic of Srpska. 5 e. Defendant is entering into this stipulation as a condition of his plea agreement

6 in which he agrees with the United States to plead guilty to immigration fraud, in violation of 7 Title 18, United States Code, Section 1546(a). 8 f. Defendant is requesting that the refugee status he was accorded in the United

9 States as a result of his application for such status on Form I-590 be terminated by the 10 Department of Homeland Security, and he stipulates to such termination on such basis as the 11 Department of Homeland Security should find, and hereby waives his right to respond to any 12 Notice of Intent to Terminate. 13 g. Defendant is currently inadmissible to the United States pursuant to 8 U.S.C.

14 § 1182(a)(6)(C)(i) [any alien who, by fraud or willfully misrepresenting a material fact, seeks 15 to procure (or has sought to procure or procured) a visa, other documentation, or admission into 16 the United States or other benefit provided under this (Immigration and Nationality Act, Title 17 8 of the United States Code) Act]. 18 h. Defendant is currently inadmissible to the United States pursuant to 8 U.S.C.

19 § 1182(a)(7)(A)(i)(I) [any alien who is not in possession of a valid unexpired visa, reentry 20 permit, border crossing card, or other valid entry document required by this (Immigration and 21 Nationality Act, Title 8 of the United States Code) Act . . .]. 22 i. Defendant has agreed with the United States as a condition of his plea

23 agreement to entry of a judicial order of removal. 24 Therefore, IT IS ORDERED pursuant to Title 8, United States Code, Section 1227(a)(3)

25 (B)(iii), and Section 1228(c)(5) that defendant be removed from the United States to 26 27 28
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1 Bosnia-Herzegovina and that promptly upon his release from confinement United States 2 Immigration and Customs Enforcement execute this ORDER of removal according to the 3 applicable laws and regulations of the United States. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED this 28th day of March, 2006.

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