Depositions Abroad (Criminal Cases)

• Author: International Law Group, PLLC
• Pages: 170-173

Page 170

During the 1990s several civil conflicts were wracking Liberia. The Department of State, the Office of U. N. High Commissioner for Refugees, and the Department of Homeland Security (DHS) began a U.S. resettlement program for Liberians in the Ivory Coast who could not return to Liberia or remain in the Ivory Coast because of the civil unrest.

Eligible individuals could apply to enter the U.S. as refugees. Prince Solomon Knox (Defendant) was from Sierra Leone, but his wife, Elizabeth being from Liberia, could apply for her entire family. Defendant, Elizabeth and their daughter applied under this program. To be admitted, applicants had to meet the qualifications, one of which deemed persons who had belonged to, or assisted, disfavored armed groups ineligible.

There are three relevant rebel groups: the National Patriotic Front of Liberia (NPFL), the Independent National Patriotic Front of Liberia (INPFL), and the Revolutionary United Front (RUF). The RUF was known for grievous human rights violations, see Kamara v. Attorney General of the United States, 420 F.3d 202, 207 (3d Cir. 2005) (describing some of the RUF's grievous human rights violations"). Since December 2001, the State Department has designated the RUF as a terrorist organization on its exclusion list.

A State Department employee interviewed the Knox family in Abidjan, Ivory Coast on December 9, 2003. At that time, in response to questions from DHS immigration officer David Radel, Defendant denied that he had ever been a member of any disfavored armed groups, denied that he had assisted them, and denied having served or taken part in military service or armed conflict. Similarly, on Form I-590, Registration for Classification as Refugee, Defendant answered that he had no membership in, and provided no aid to, these armed groups. He also answered "none" when directed on the form to list political, professional or social organizations of which he is now or has been a member or with which he is now, or has been, affiliated since his 16th birthday.

On Defendant's behalf, Radel also completed Form G-646, Sworn Statement of Refugee Applying for Admission, into the U.S. Defendant answered no to the following questions: (1) Have you ever provided support, including housing, transportation, communications, funds, documents, weapons or training for any person or organization that has ever engaged in or conspired to engage in sabotage, kidnaping, assassination, hijacking, or any other form of terrorist activity?" and (2) "Have you ever been a representative or member of a terrorist organization or a member of a group which endorses terrorist activity?" Radel's interview notes embody these and other similar statements.

Radel recommended that Defendant be resettled in the U.S. Defendant entered the U.S. at Chicago on April 14, 2004. He presented the I-590 Form stamped by Radel to the DHS officer at O'Hare Airport. Defendant then moved to St. Louis, Missouri where federal officers...