Legal Battles - USA vs Patrick Fox
Contact
Patrick Fox
Torrance, CA     90503
fox@patrickfox.org

Report of Investigation of Deportation Officer Keith Acosta (2008-09-04)

Synopsis

This is a report prepared for the Assistant US Attorney, by my Deportation Officer Keith Acosta, in support of his criminal charges of perjury and false claim of US citizenship against me.

If you compare this report to Deportation Officer Robert Cordero's 2008-02-05 Sworn Declaration, you will find that much of the false information from Cordero's declaration in my removal proceedings was incorporated directly into here. This is one of many examples of a justice system participant putting false information into a file, then to every other justice system participant who reviews that file it is completely and blindly accepted as though it were an established fact.

Ricky Riess's Fingerprints From the Toronto Police

In this report, Acosta acknowledges receiving Ricky Riess's mugshot and fingerprint pattern classifications from the Toronto police ¶32; Toronto Police Mugshot Form, but he then falsely claims DHS's Fingerprint Specialist determined my fingerprints matched Ricky Riess's ¶34. The Fingerprint Specialist's report shows that ICE had actually submitted two sets of fingerprint impressions of me, taken by them while I was in their custody, NOT one of me and one of Ricky Riess Report of Thomas Liszkiewicz.

This issue of the fingerprints is the single most important factor in both my removal proceedings and my perjury/false claim of US citizenship trial. The fingerprints received by ICE, from the Toronto Police, proved beyond all doubt that I am not the same person as Ricky Riess from Sudbury, Canada, and therefore, I am not the person named on the Canadian passport and Canadian birth certificate.

By Acosta's own admission, he and ICE received those fingerprints on 2008-05-05. Which means from that point on, Acosta, Cordero, and the DHS lawyers knew I was not Ricky Riess from Canada, and yet they prosecuted and deported me as Ricky Riess from Canada nevertheless.

Acosta Deliberately Misrepresents the Evidence

Notice how, throughout this report, Acosta frequently and consistently states "Riess's Canadian passport", "Riess's Canadian birth certificate", "Riess's identity", as opposed to just saying "the Canadian passport" or "the accused's Canadian passport". This is a tactic that law enforcement and prosecutors are trained to use. They believe that by repetitiously and consistently referring to the item as "Riess's", that will cause the reader/listener to subconsciously accept that the item is, in fact, "Riess's". By hearing the same phrase over and over, it will become an irrefutable fact.

And now notice how there is absolutely nothing done in this investigation to determine whether or not I am actuall Ricky Riess. Every statement made by Acosta in this report is premised on the assumption that I and Ricky Riess are the same person.

Now consider that by the time Acosta wrote this report, in September 2008, he had already determined through fingerprints, that I'm not the person who was born Ricky Riess in Sudbury, Canada. So he knew I wasn't the person named on the passport or birth certificate, even as he kept repeating the phrases "Riess's Canadian passport" and "Riess's Canadian birth certificate".

PDF
U.S. Immigration and Customs Enforcement
Department of Homeland Security

REPORT OF INVESTIGATION

Title
UNITED STATES v Richard Steven RIESS
File Number
A 88-664-582
Date
September 4, 2008
Report Number
08-7236M
Keith E. Acosta
Deportation Officer
Signature of Deportation Officer Keith Acosta
(Signature)
Office
ICE/DRO/EAZ
Approved by: (Name and Title)
office

FACTS

On or about July 25, 2007, Richard Steven RIESS was interviewed by Officer Ryan Paschke, a Deputy with the Maricopa County Sheriff’s Office (“MCSO”) who is authorized under section 287(g) of the Immigration and Nationality Act (“INA”) to make immigration apprehensions and detentions. This interview occurred after the MCSO arrested RIESS for Forgery and Theft-Means of Transportation, in violation of Arizona law. During this interview, RIESS told Officer Paschke that he was a native and citizen of Canada. Once Officer Paschke established RIESS‘s alienage, he placed a Form I-247, Immigration Detainer-Notice of Action, on RIESS for transfer into the custody of the United States Immigration and Customs Enforcement (“ICE”)
On or about September 25, 2007, RIESS came into ICE’s custody from the MCSO. On that day, Immigration Enforcement Agent (IEA), Jason Martin, served RIESS with a Notice of Custody Determination (Form I-286) and a Notice to Appear (“NTA”) (Form I-862). The NTA charged RIESS with violating section 237(a)(1)(B) of the Immigration and Nationality Act (“INA”), an alien who, after admission as a nonimmigrant under Section 101(a)(15) of the Act, remained in the United States for a time longer than permitted, in violation of this Act or any other law of the United States. Agent Martin also created a Form I-213, Record of Deportable/Inadmissible Alien, based on the information RIESS provided to Officer Paschke.
On or about September 27, 2007, RIESS arrived at the Eloy Detention Center (“EDC”). Upon his arrival, Deportation Officer (“DO”) Robert Cordero interviewed RIESS. During this initial interview, RIESS told DO Cordero that he was a United States citizen, by virtue of his birth in Ontario, California. Because RIESS’s NTA and the I-213 indicated that RIESS was born in Sudbury, Ontario, Canada, DO Cordero asked RIESS if he had any documentation, such as a birth certificate or passport, that would assist DO Cordero in verifying RIESS’s citizenship claim. RIESS stated that he would have a friend overnight his birth certificate to the EDC. RIESS also told DO Cordero that he would have been released from the MCSO’s custody had it not been for an immigration detainer placed on him on or about July 25, 2007. DO Cordero then asked RIESS why he had not produced his United States birth certificate or passport at the time the detainer was placed on him in order to avoid transfer into ICE custody. RIESS did not respond to DO Cordero’s question.
On or about September 28, 2007, DO Cordero followed up with RIESS to see if his birth certificate had arrived at the EDC. It had not arrived, so DO Cordero gathered additional biographical data from RIESS to forward to the San Bernardino County, California, Vital Records Department, in order to ascertain whether a birth certificate existed for RIESS. In doing so, DO Cordero asked RIESS to provide the name of the hospital at which he was born. RIESS responded by saying, “I am not going to do your job for you. You find out.”
In addition to obtaining additional biographic information from RIESS, DO Cordero also contacted Myra Pastyr-Lutul at the Canadian Consulate in Los Angeles, California, to determine if the Consulate had any records of RIESS. Ms. Pastyr-Lutul indicated to DO Cordero that in order to do a birth record search, he would have to send a Birth Record Request to the province in which the subject was born. In this case, DO Cordero would need to send such a request to the provincial government in Ontario, Canada.
On or about October 4, 2007, DO Cordero provided RIESS with birth certificate applications for San Bernardino County, California, and Ontario, Canada. Although RIESS completed the California application, he refused to complete the Canadian application. Once RIESS completed the California application, DO Cordero noticed that the “mother’s” name on this application was different than the name he gave to Officer Paschke during the initial interview on July 25, 2007. DO Cordero also questioned RIESS on the alleged birth certificate that RIESS’s friend was sending to the EDC. RIESS insisted that his birth certificate was in the mail and should be arriving any day. To date, ICE is not aware that a birth certificate was ever sent to the EDC, and RIESS has not provided such birth certificate.
Up to this point, all documentation in RIESS’s Alien-file (“A-file”) indicated that he was a Canadian citizen. This documentation includes the National Crime Information Center (NCIC) printout, indicating RIESS’s birthplace was Canada; a Treasury Enforcement and Customs System (TECS) record, indicating that RIESS was refused entry into the United States at a preflight inspection at Vancouver, British Columbia, Canada, on or about January 31, 1996; a INS Secondary Referrals (1095) print-out from TECS indicating that RIESS had purchased a one-way ticket to the United States, RIESS was going to work in the United States for one month, RIESS sold his business, gave up his apartment, and shipped his goods to California, RIESS had rented a truck and an apartment in California, RIESS had bought apartment furnishings, a phone, and a pager, RIESS claimed it was cheaper to do it this way; and a Canadian Police Information Center (CPIC) printout, indicating that “Richard Steve Riess,” previously known as “Ricky Steve Riess," was arrested in Toronto, Ontario, Canada, on November 27, 1992 for extortion, and an outstanding warrant exists that is associated with this arrest.
Between October 4, 2007 and October 31, 2007, DO Cordero spoke with RIESS on several occasions, inquiring into whether RIESS's birth certificate arrived at the EDC. RIESS told DO Cordero that his birth certificate arrived on October 23, 2007, but Corrections Corporation of America (“CCA”), the organization who owns and runs the EDC, allegedly returned the birth certificate to its sender. DO Cordero checked with the CCA mailroom staff, who told him that a package arrived but did not contain a birth certificate. Because the package contained tobacco, a prohibited item, the package was returned to its sender.
On October 31, 2007, RIESS appeared before Immigration Judge Sean H. Keenan at the EDC for a hearing in RIESS’s immigration removal proceedings. Immigration proceedings are recorded on audio tapes. Copies of the tapes recorded at RIESS’s removal hearings are attached hereto as Exhibit “A,” and are incorporated herein by reference. I have reviewed Exhibit “A” for the October 31st hearing, and the court tapes contain the following relevant information:
  1. Immigration Judge Keenan administered a pre-recorded group rights advisal tape. informing the group of detainees of their rights in immigration proceedings.
  2. Thereafter, Judge Keenan personally placed the entire group, which included RIESS, under oath and RIESS, along with everyone in the group, swore to tell the truth.
  3. Thereafter, during his individual hearing that followed, RIESS told Judge Keenan that he was a United States citizen.
  4. RIESS told Judge Keenan that was born in the United States, specifically, in Ontario, California.
  5. RIESS told Judge Keenan that his mother was born in Massachusetts.
  6. RIESS told Judge Keenan that his father was not listed on his birth certiticate.
Additionally, during this hearing, ICE Assistant Chief Counsel, Jennifer Wiles, was present, representing ICE in the removal hearing. Because RIESS had made a claim to United States citizenship, the immigration court reset the case for ICE to establish RIESS’s alienage.
On or about November 8, 2007, DO Cordero forwarded the birth certificate application that RIESS completed to San Bernardino County, California, for verification of whether a birth certificate existed in California for RIESS. On that same date, DO Cordero received a letter from RIESS indicating that a birth record under the name “Richard Steven RIESS” would not be found. RIESS indicated that “Richard Steven RIESS” was not his birth name because he had his name legally changed to “Richard Steven RIESS” in 1995. RIESS would not provide his birth name to DO Cordero.
On or about November 15, 2007, DO Cordero received a letter from the San Bernardino Auditor/Controller indicating that the request for a birth certificate could not be processed without a $17.00 fee, and a notarized statement from RIESS. RIESS would not provide DO Cordero with his alleged different birth name and a notarized statement to allow DO Cordero to re-submit the applicatien to San Bernardino.
On or about December 6, 2007, the immigration court resumed RIESS’s removal hearing. RIESS had requested a bond hearing, so the court reset the case to February 6, 2008 for the court to hold a bond hearing and for the Department to prove its case.
On or about January 11, 2007, the immigration held a bond hearing, setting RIESS's bond at $5,000. Both parties waived appeal.
On or about January 28, 2008, DO Cordero contacted Supervisory Border Patrol Agent (“SBPA”) Dante Moreno in Lynden, Washington. SBPA Moreno is the supervisor for the Integrated Border Enforcement Team. DO Cordero contacted SBPA Moreno for assistance in obtaining information from the Canadian Border Services Agency (CBSA) regarding RIESS's citizenship and identity. Upon investigation, SBPA Moreno received verbal confirmation from CBSA indicating that a current passport was issued under the name of Richard Steven RIESS, indicating birth in Sudbury, Ontario, Canada, on November 24, 1973. On or about February 5, 2008, SBPA Moreno indicated that he was still awaiting a written confirmation from CBSA for this information.
On or about February 6, 2008, over RIESS’s objection, the immigration court granted the Department's request for a continuance. The court reset the case until May 5, 2008.
On or about March 3, 2008, I assumed the upper half of the 500 docket (alien numbers ending in 550 to 599) from DO Cordero. Because RIESS's alien number (A 88-664-582) ends in the upper 500s, DO Cordero informed me that I was responsible for RIESS’s case, although he would continue to assist me with the case. He told me that RIESS was claiming to be a United States citizen (USC), but the information in the file, which included the information RIESS gave to Officer Paschke, indicated that RIESS was a native and citizen of Canada. DO Cordero also informed me that he gave RIESS numerous opportunities to cooperate and provide documentation to support his USC claim. This request resulted in RIESS’s non-compliance.
On or about March 4, 2008, I reviewed RIESS’s A-file. Contained in the A-file was an interview sheet that Officer Paschke completed during his interview with RIESS on July 25, 2007, at 1440 hours, at the Maricopa County Jail. A copy of the report is attached hereto as Exhibit “B,” and is incorporated herein by reference. After reviewing Exhibit “B,” I learned the following relevant information:
  1. RIESS was born November 24, 1973 in Sudbury, Ontario, Canada.
  2. RIESS’s citizenship/nationality is Canadian.
  3. RIESS’s mother is Peggy Sampogna, a Canadian citizen born in Canada.
  4. RIESS’s father is Steve Riess, a Canadian citizen, unknown birthplace, assumed to be Canada.
  5. RIESS last entered the United States by crossing the border between the United States and Canada at the Blaine, Washington Port of Entry, on or about January 1, 1997, in an autornobile.
  6. RIESS stated to Officer Paschke that he had legal authorization and legal documentation to be in the United States.
  7. Following the question, “what type of documents do you have,” Officer Paschke wrote the following information: “PHX P.D. Det. Renfro obtains passport.”
  8. Sheriff Officer Paschke placed an Immigration Detainer-Notice of Action (Form 1-247) on RIESS.
RIESS’s A-file also contained the Record of Deportable/ Inadmissible Alien (Form I-213) bearing the name, “RIESS, Richard Steven,” and A-number, “A88 664 582.” As noted above, ICE IEA Jason Martin created this I-213 on September 25, 2007, based on the information provided by Officer Paschke. A copy of the report is attached hereto as Exhibit “C,” and is incorporated herein by reference. Exhibit “C” contains the following relevant information:
  1. RIESS is not a citizen or national of the United States.
  2. RIESS is a native and citizen of Canada.
  3. RIESS was born on November 24, 1973, in Sudbury, Ontario, Canada.
  4. RIESS' mother is Peggy Sampogna, a citizen of Canada.
  5. RIESS' father is Steve Riess, a citizen of Canada.
  6. RIESS last entered the United States at or near Blaine, Washington, on or about January 1, 1997, as a nonimmigrant visitor for pleasure with authorization to remain in the United States for a temporary period not to exceed six months, ending on June 6, 1997.
  7. RIESS remained in the United States beyond June 6, 1997.
  8. RIESS told Agent Martin that he was born in the United States. However, Agent Martin ran a record check through the National Crime Information Center (“NCIC”), which revealed that RIESS's place of birth was Canada. Agent Martin noted that during an interview with RIESS on July 25, 2007, RIESS told Officer Paschke that he was born in Sudbury, Ontario, Canada.
On or about March 10, 2008, I ran a NCIC printout of RIESS’s criminal history. RIESS’s criminal history report indicated that the Phoenix Police Department arrested RIESS on or about July 24, 2007, for Forgery and Theft-Means of Transportation committed on or about April 4, 2008.
On or about March 26, 2008, DO Cordero and I listened to RIESS’s phone conversations obtained from CCA. A copy of the recoding is attached hereto as Exhibit “D,” and is incorporated herein by reference. After listening to Exhibit “D,” I learned the following relevant information:
  1. RIESS was talking to Liz Munoz, who is the caretaker of his son.
  2. During that conversation, RIESS expressed concern that his criminal defense attorney should not be contacted regarding his immigration case, as he know the truth about his immigration status.
Based on this information, DO Cordero contacted RIESS’s criminal defense attorney, and I continued to look into RIESS's criminal history. Using the NCIC printout from on or about March 10, 2008, I determined that RIESS’s last arrest was made by the Phoenix Police Department for forgery.
On or about March 26, 2008, DO Cordero contacted the Maricopa County Public Defender’s Office, and was forwarded to RIESS’s public defender. That individual stated that he did not have RIESS’s file, but he remembered seeing either a property receipt or an annotation in the police report indicating that the Phoenix Police Department was in possession of RIESS’s Canadian passport.
On or about March 26, 2008, I called the Phoenix Police Department, requesting their assistance in obtaining the police report for RIESS's forgery arrest. The officer who answered the phone instructed me to call Detective Lisa Mueller. Thereafter, I contacted Detective Muller and requested a copy of the police report for this arrest. Detective Muller faxed the police report, case number 2007 7066 8889, to me. In reviewing the police report, which had been completed by Phoenix Police Officers O. Cor and P. Kunka, I learned that one of the items taken from RIESS when he was arrested was a Canadian passport bearing the name “Richard RIESS,” date of birth “November 24, 1973.” Based on this information, I contacted Detective Muller again, requesting her permission to take custody of RIESS’s Canadian passport.
On or about March 27, 2008. I drove from Eloy, Arizona, to the Phoenix Police Evidence Unit located in Phoenix, Arizona, and I took custody of RIESS’s Canadian passport. A copy of the passport is attached hereto as Exhibit “E,” and is incorporated herein by reference. Exhibit “E” contains the following information:
  1. The name was “Richard RIESS.”
  2. The nationality was “Canadian.”
  3. The date of birth was “November 24, 1973."
  4. The place of birth was “Sudbury, Canada.”
  5. The passport had a picture of RIESS.
  6. The passport number was “LJ368618.”
  7. The issuing date was “December 18, 2003.”
  8. The expiration date was “December 18, 2008.”
On or about April 1, 2008, I requested assistance from the ICE attaché in Canada to request information on RIESS. I was seeking verification of RIESS’s identity by Canadian authorities.
On or about April 15, 2008, I contacted the Assistant United States Attorney’s office in Phoenix, Arizona to request prosecution of RIESS based on RIESS's false claim to United States Citizenship. I was told that in order for them to accept the case, I would have to acquire RIESS’s Canadian Birth Certificate to determine if he may have derived United States citizenship through his parents. A review of Central Index System (CIS) revealed that RIESS’s parents had not become naturalized United States citizens. Thus, I concluded that RIESS could not have derived United States citizenship status through his parents. As such, we needed the birth certificate to ensure that RIESS’s parents were not born in the United States and that RIESS did not acquire United States citizenship.
On or about April 15, 2008, I faxed a request to the Canadian Passport Security Department to validate the Canadian Passport.
On or about April 15, 2008, I contacted the Canadian Consulate in Los Angeles California. I spoke to Consular Officer Myra Pastyr-Lutul and requested her assistance in obtaining RIESS’s birth certificate. I explained that I was going to use the certificate as evidence in a criminal prosecution for false claim to United States Citizenship. Ms. Pastyr-Lutul told me that she was not inclined to help me because her position was designed to assist Canadians, not help prosecute them. She stated that I needed to contact the Canadian law enforcement authorities to obtain their assistance.
On or about April 22, 2008, I contacted Eric Lubaszka from the Royal Canadian Mounted Police (RCMP), Toronto West Detachment, Federal Enforcement Section. I made an official request to Mr. Lubaszka to obtain confirmation on RIESS’s identity. I also requested a certified copy of RIESS’s birth certificate.
On or about May 5, 2008, the immigration court at the EDC held resumed removal proceedings for RIESS. Because Judge Keenan had been transferred to a different court, the case was transferred to Immigration Judge Stephen Ruhle. Assistant Chief Counsel Jennifer Wiles was present at the hearing, representing the Department. At that hearing, RIESS denied having been born in Canada, and reasserted that he was born in the United States. The Department submitted a copy of RIESS’s passport to the court and to RIESS. At one point in the hearing, RIESS asked Judge Ruhle if he could admit to the allegations, including that he was not a citizen or national of the United States and he was a native and citizen of Canada, and be deported. Judge Ruhle told RIESS that he could admit the allegations in a written statement. However, Judge Ruhle warned RIESS that he had made his assertion that he was born in the United States under oath, and to change his admissions, admitting that he was not a United States citizen and is a native and citizen of Canada, would be evidence that he committed perjury. Because RIESS stated that the passport was not his, Judge Ruhle reset the case for the Department to verify that the passport was, in fact, RIESS’s passport.
On or about May 5, 2008, I contacted the Toronto Police Service to verify if there was still an active warrant for RIESS. I spoke to Detective Clark and he was able to confirm that RIESS was still wanted in Toronto Canada for Extortion. I asked him to send me RIESS’s biographical information to confirm RIESS’s identity. On that same day, Detective Clark faxed me a print-out of the Toronto Police Department Mug Shot Form for RIESS and a computer generated printout containing fingerprint identifiers. The print-out indicated the identifiers for “Richard Riess,” also known as “Ricky Riess,” “Rick Steven Riess,” and “Rick Steven Chosack."
On or about May 8, 2008, I sent RIESS’s passport, several writing samples from RIESS, two fingerprint cards containing RIESS’s fingerprints, and the Canadian printout with RIESS’s fingerprint identifiers to the Department of Homeland Security Forensic Document Lab (FDL). The purpose of sending the passport was to have it examined and authenticated as a valid Canadian passport. The writing samples were sent to compare RIESS’s signature on those samples against RIESS’s signature on the passport. The fingerprints were sent to positively identify RIESS as the person wanted in Canada.
On or about May 13, 2008, FDL returned the results of the fingerprint comparison. A copy of that report is attached hereto as Exhibit “G,” and is incorporated herein by reference. Exhibit “G” indicates that the fingerprints from the Toronto Police Department matched RIESS's fingerprints. The fingerprint comparison was conducted by Senior Fingerprint Specialist, Thomas L. Liszkiewicz.
On or about May 23, 2008, I received a Certified True Photostatic Print of Record numbered P750412, from the Office of the Registrar General, Ontario, Canada. The photostatic print of the record was that of a Birth Certificate from the Province of Ontario for “Ricky Steven Reiss.” A copy of the birth certificate is attached hereto as Exhibit “F,” and is incorporated herein by reference. Exhibit “F” contains the following information:
  1. The birth certificate number was “111484.”
  2. The place of birth was “Sudbury,” at the “General Hospital.”
  3. The name of the birth certificate was “RIESS, Ricky Steven.”
  4. The date of birth was “November 24, 1973.”
  5. The sex was “Male.”
  6. The mother was “Married."
  7. The father was “RIESS, Steven John, age 20, place of birth ONT., citizenship Canadian.”
  8. The mother was “Pepin, Peggy Susan, age 18, place of birth ONT., citizenship Canadian."
On or about May 27, 2008, I received an original declaration from Steve Jacob with the Canada Border Service Agency. That declaration states that Ricky Steve RIESS was born on November 24, 1973 in Sudbury Ontario, Canada to Steve John Riess and Peggy Susan Pepin. Officer Jacob further declared that Canadian passport # LJ368618 was issued to Richard RIESS, with a date of birth of 224 November 1973, with place of birth being Sudbury, Ontario, Canada. Officer Jacob declared that he was “therefore satisfied that the passport is genuine and that RIESS was born in Canada and would have the right to return to Canada. I have therefore closed my investigation.”
On or about June 4, 2008, FDL returned the results of the writing sample and the authentication of the passport. A copy of the report is attached hereto as Exhibit “H,” and is incorporated herein by reference. Exhibit “H” indicates that the individual who prepared the Exhibits 1.3 (the Department’s Fingerprint Card bearing known Richard Riess signature) and 1.4 signatures (K1- K20) (30 pages of writing samples bearing known Richard Riess signatures) probably prepared the Exhibit 1.1 stylized signature (Q-1) (Canadian Passport bearing questioned Richard Riess signature). The Report also indicated that the passport was genuine. This report was completed by Forensic Document Examiner, George Virgin.
On or about August 18, 2008, I sent a request for a Certificate of Nonexistence of Record to United States Citizenship and Immigration Services (CIS). On or about August 19, 2008, I received the certificate from Acting Field Office Director, Jeanne M. Kent of CIS. A copy of the Certificate of Nonexistence of Record is attached hereto as Exhibit “I,” and is incorporated herein by reference. Exhibit “I” states that there was no record of RIESS found within CIS’s databases.
On or about August 20, 2008, I realized that the dates on paragraph 9 on the statement of probable cause were incorrect. Below is paragraph 9 with the corrected dates.
On or about March 10, 2008, I ran a NCIC printout of Riess’ criminal history. Riess’ criminal history report indicated that the Phoenix Police Department arrested Riess on April 1, 2007, for Forgery. Based on this information, on or about March 26, 2008, I contacted Detective Lisa Muller at the Phoenix Police Department to request a copy of the police report for this. arrest. Detective Mullerfaxed the police report, case number 2007 7066 8889, that same day. In reviewing the police report, which had been completed by Phoenix Police Officers O. Cor and P. Kunka, I learned that one of the items taken from Riess when he was arrested was a Canadian passport bearing the name "Richard Riess,” date of birth "November 24, 1973.” Thereafter I contacted Detective Muller and requested her permission to take custody of Riess’ Canadian passport.
A criminal complaint with the United States District Court, District of Arizona was filed against Richard Steven RIESS on or about June 12, 2008. The Court found that probable cause existed to detain RIESS pending trial for violating Title 18, United States Code, Section 911, False Claim to United States Citizenship and Title18, United States Code, Section 1621, Perjury. On July 2, 2008, the Grand Jury returned an indictment against RIESS.

VIOLATION

Richard Steven RIESS is being charged with the following:
  1. Violation of Title 18, United States Code, Section 911, False Claim to United States Citizenship
  2. Violation of Title 18, United States Code, Section 1621, Perjury.

DEFENDANT

Richard Steven RIESS is a 34-year-old male, born on November 24, 1973, in Sudbury, Ontario, Canada, and is a citizen and national of Canada.

IMMIGRATION STATUS

Richard Steven RIESS claims to be citizen of the United States of America by virtue of being born in the United States. However, RIESS is a citizen of Canada. RIESS is present in the United States after having overstayed his nonimmigrant visa. RIESS is currently in the custody of the United States Marshals Service, pending conclusion of any criminal proceedings against him, and final determination of removability from the United States.

CRIMINAL HISTORY

RIESS’s name and date of birth were queried in the National Crime Information Center (NCIC), and it revealed the following.
  1. Arrested on 02/19/2002 for DUI alcohol/drugs, DUI alcohol/ .08 percent, and driving while license suspended.
  2. Arrested on 03/13/2003 for DUI alcohol/drugs, and driving while license suspended.
  3. Arrested on 07/24/2007 for Theft by means of transportation, and Forgery.

DETENTION STATUS

Richard Steven RIESS had his initial appearance before United States Magistrate Judge Edward C. Voss on June 6, 2008. The defendant was ordered detained and remanded to the custody of the United States Marshal Service.

EVIDENCE EXHIBITS

Exhibit A. Taped recordings of RIESS’s Immigration court hearing before Immigration Judge Keenan on October 31, 2008.
Exhibit B. Sheriff Officer Ryan Paschke Interview Sheet.
Exhibit C. Form I-213, Record of Deportable/ Inadmissible Alien written by Jason Martin.
Exhibit D. Recordings of RIESS’s phone conversation provided by CCA.
Exhibit E. RIESS’s Canadian Passport
Exhibit F. RIESS’s Canadian Birth Certificate.
Exhibit G. FDL Report FDL-08-04978 written by Thomas L. Liszkiewicz.
Exhibit H. FDL Report FDL-08-04978 written by George Virgin.
Exhibit I. Certificate of Nonexistence of Record written by Jeanne M. Kent.

WITNESSES

DO Keith E. Acosta, Case Agent, can attest to the facts of the case.
DO Robert Cordero, Case Agent, can attest to the facts of the case.
IEA Jason Martin can attest to the facts of the case.
Sheriff's Deputy Ryan Paschke can attest to the facts of the case.
ICE Assistant Chief Counsel Jennifer Wiles can attest to the facts of the case.
Immigration Judge Sean Keenan can attest to the facts of the case.
Immigration Judge Stephen Ruhle can attest to the facts of the case.