..._ RECEIVED _____ COPY
1 *6**5% ‘§a?“i%LT°“
2 Dihlticict of Afizoriiamcy MAR 2 3 ZODB
ANDREW C- PACFWCO CLERK u s orsralcr oo
3 gtliiiagil sllg`$lE~JU§)i11 s 1 05 BY DISTFUCI OF Af*lZOD**5;TTY
4 40AiI?lorIh1lifsElnA$re1ii1L;MSuite 1200
Phoenix, Arizona 85004
Telephone (602) 514-7500
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6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
8 .
United States of America
g _ _ CR—04—l2S0—PHX-FIM
Plaintiff]
10 v. STIPULATED REQUEST FOR
JUDICIAL REMOVAL OF
11 Goran Bencun, DEFENDANT GORAN BENCUN
(A79849416)
12 Defendant. _
13 . .
Defendant Goran Bencun and plaintiff United States of America hereby agree and
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stipulate pursuant to Title 8, United States Code, Section l228(c)(5), to the following:
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16 1. Defendant waives the right to notice and a hearing prior to removal from the United
States.
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S 2. The Court should enter a judicial order that defendant be removed from the United
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19 States to Bosnia—Herzegovina.
3. The facts in support of this request are as follows:
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a. Defendant is not a citizen or national of the United States;
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b. Defendant is a native and citizen of Bosnia-Herzegovina;
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3 c. Defendant entered the United States at Atlanta, Georgia on or about
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4 January 23, 2003, as a refugee, a status that was granted to the defendant based upon
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2 representations he made on Form I-590, Registration for Classification as a Refugee, and signed
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2 by him under penalty of perjury, and statements he made under oath during an interview on that
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same date with an immigration examiner relating to that Form I-590.
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Case 2:O4—cr—O1280-FJIVI Document 43 Filed O3/23/2006 Page 1 of 4
1 d. The Defendant did knowingly and willfully make a false and fraudulent
2 statement with respect 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
6 agreement in which he agrees with the United States to plead guilty to immigration fraud, in
7 violation of Title 18, United States Code, Sections 1546(a).
8 f. Defendant is requesting that the refugee status he was accorded in the
9 United 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 tind, and hereby waives his right to respond to any
12 Notice of Intent to Terminate.
13 g. Defendant is cur1·ent1y 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].
1 8 h. Defendant is currently inadmissible to the United States pursuant to 8 U.S.C.
19 § 1l82(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 ofthe 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 4. Accordingly, defendant Goran Bencun and the United States jointly request that the
25 Court, after imposing Sentence, order that defendant be removed from the United States so that
26 promptly upon his release from confinement United States Immigration and Customs
27 Enforcement may execute the order of removal according to the applicable laws and regulations.
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Case 2:O4—cr—O1280-FJIVI Document 43 Filed O3/23/2006 Page 2 of 4
1 SO STIPULATED.
2 PAUL K. CHARLTON
3 H%i§€ti?E%?“%m°’
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5 ANDREW C. PACHECO
6 Assistant U.S. Attomcy
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12 ///
13 ///
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Case 2:O4—cr—O1280-FJIVI Document 43 Filed O3/23/2006 Page 3 of 4
1 This stipulation has been read to me in Serbo-Croatian, the language I understand best,
2 and I have carefully discussed every part of it with my attorney. I understand the terms of this
3 stipulation, and I voluntarily agree to those terms.
4
s 6`ogjiq %?A;c>ug 3[gz [2006
GOILAN BENC Date
6 Defendant
7 I, %u% , am fluent in written and spoken Serbo—Croatian and English
8 languages. I accurately translated this entire stipulation from English into Serbo-Croatian to
9 defendant GORAN BENCUN on this date.
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12 I am GORAN BENCUN’S attorney. I have carefully discussed this stipulation with my
13 client. To my knowledge, my elient’s decision to enter into this agreement is an informed and
I4 voluntary one.
15 U
16 3")3·—c>G
17 3i)&iC§i>ran Bencun Date
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