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ROANOKE, Va. (AP) - The U.S. attorney for the Western District of Virginia, John Brownlee, has announced his resignation.

The 43-year-old Brownlee said in a statement Thursday that he will resign effective May 16. He has held the post since August of 2001.

Brownlee’s cases included prosecution of the maker of the painkiller OxyContin on charges of misleading the public about its risk of addiction, and ITT for illegally sending overseas classified night-vision technology used by the U.S. military.

His office also has prosecuted local government corruption cases, drug trafficking and capital murder.

http://www.signonsandiego.com/news/northcounty/20080414-1525-vista-tb.html

SAN DIEGO – A Vista High School student was diagnosed with tuberculosis, prompting county health officials Monday to notify classmates, faculty and staff who may have been exposed.School officials have notified about 120 students, teachers and staff that were potentially exposed to the disease between March 1-28, according to the San Diego County Health and Human Services Agency.

“Tuberculosis is in our community,” said Dr. Wilma Wooten, the county’s public health officer. “Fortunately, it is curable. We want the public to be informed about TB, in hopes of keeping the disease from spreading.”

Symptoms of active TB include persistent cough, fever, night sweats and unexplained weight loss, according to the HHSA. Most people who are exposed to tuberculosis do not develop the disease.

There were 280 cases of tuberculosis reported in San Diego County in 2007, according to the HHSA. So far, there have been 46 cases of the disease reported locally this year.

http://www.brownsvilleherald.com/news/rights_85433___article.html/civil_border.html

The American Civil Liberties Union of Texas will hold a community meeting Thursday in Brownsville to discuss human rights and civil rights issues on the border.

The event is co-sponsored by the Coalition of Amigos in Solidarity and Action (CASA).  Border residents are urged to attend the meeting to voice their concerns about the border wall, immigration detention centers, and collaboration between local law enforcement officers and the Border Patrol, among other issues.

“We really want to hear from border residents about what worries them, what issues are important in their communities,” said Rebecca Bernhardt, Director of Policy Development at the ACLU of Texas, “and what they want for their communities in the future.”

The meeting will include “Know Your Rights” training about residents’ legal rights in law enforcement encounters, and attorneys and other advocates will be available to answer questions from community members.

“This information is important for residents so they know what to do when they are approached by police officers or border patrol officers in their homes, in their cars, and on the street,” Bernhardt said.  “They will learn what law enforcement constitutionally can and cannot do.”

CASA member E. Elizabeth Garcia said CASA is getting complaints from community members that during routine traffic stops police officers are asking about their immigration status.

“Many in our community live in fear of being targeted and subjected to invasive, inappropriate questioning,” Garcia said.  “For this reason, we want to provide community members with an opportunity to discuss their experiences as well as information on how to handle these types of incidents.”

The meeting will be held at 7 p.m. at San Felipe de Jesus Church, 2218 Carlos Avenue. Dinner and refreshments will be provided.

http://www.washingtonpost.com/wp-dyn/content/article/2008/04/05/AR2008040501135.html

Prince William County Police Chief Charlie T. Deane said most of the people arrested during the first month of the country’s illegal-immigration crackdown would have gone to jail anyway.

Of the 89 people questioned about their citizenship status, 41 were taken to the county’s adult detention center. Although officers have reason to think the 41 people arrested are in the country illegally, all but two were charged with a series of misdemeanors and felonies unrelated to their immigration status.

“Most of them would have been made anyway,” Deane said during a news conference to provide details about the county’s first month of increased illegal immigration enforcement.

Seven people were charged with felonies, including attempted murder, cocaine possession and shoplifting. Thirty-two people were charged with misdemeanors, which included public drunkenness, domestic assault and lack of a driver’s license. Two others were detained on immigration-related charges.

The Board of County Supervisors voted last fall to direct officers to check the citizenship or immigration status of suspects they think might be in the country illegally. The measure took effect March 3.

Of the 89 people questioned about their residency status, two were found to be in the country legally, Deane said.

Among those thought to be in the country illegally, 21 were released without charges and 25 were given citations for minor offenses. Police are referring the 87 cases to U.S. Immigration and Customs Enforcement.

“Our job is to communicate that” to Immigration and Customs Enforcement, Deane said. “What happens after that is out of our hands.”

To put the numbers into perspective, Prince William police officers generally make 1,100 arrests a month, Deane said.

Supervisor John T. Stirrup Jr. (R-Gainesville) said that the first month’s numbers were consistent with his expectations but that it’s too early to determine the long-term effect.

“The reports I’ve been getting narratively are strong endorsements that criminal activity has reduced,” he said. “The presence of [illegal immigrants] has significantly reduced. It’s had a positive impact.”

Deane said he is concerned about perceptions in the community that police will set up checkpoints to question people about their citizenship status.

“We don’t do immigration roadblocks; we are not going to sweep day-labor sites,” he said.

Deane held a community meeting with Mexican Consul General Enrique Escorza to clear up misinformation and to quell fears about the scope of the county’s illegal immigration policies.

The cost of the illegal immigration measures for the first year will be $6.4 million. It is one of several public safety initiatives in the county’s budget for fiscal 2009, which begins July 1.

http://www.brownsvilleherald.com/news/brothers_85658___article.html/bernardo_indicted.html

A federal grand jury has returned a 19-count indictment against twin brothers Alberto and Bernardo Peña, and three others on charges of obtaining fraudulent work visas for more than 80 Indian nationals.

The Peña brothers, both 38, face charges of obtaining fraudulent H-2B visas, which are used to procure foreign manual labor. The visas are for non-immigrants and allow an employer in the United States to hire foreign workers for temporary non-agricultural work, according to federal court documents.

Also named in the indictment are Mahendrakumar “Mack” Patel, 55, Rakesh Patel, 36, and Marte Othon Villar Sr., 48, according to federal court documents. Are all charged with encouraging and inducing the illegal immigration of the Indian nationals in exchange for thousands of dollars per visa.

“Today’s significant charges represent the excellent task force-like efforts of four federal agencies,” U.S. Attorney Don DeGabrielle said in a prepared statement issued Friday. “All of the criminal charges are the result of a multi-agency, multi-jurisdictional investigation.” Immigration and Customs Enforcement, the Department of State, Department of Labor, and the Internal Revenue Service all worked together on the case.

Charles Keith Viscardi, 48, the owner and manager of a construction company located in New Iberia, La., is alleged to have enlisted AMEB Business Group Inc., a visa facilitation firm owned and operated by the Peñas and Villar, to hire foreign workers.

Viscardi asked AMEB Business Group Inc. to procure foreign manual labor under the H-2B visa program.

Viscardi, who was charged on March 20 with conspiring to encourage and induce illegal immigration in connection with the Indian scheme, is scheduled to appear before U.S. Magistrate Colvin Botley. If convicted, he faces up to 10 years in prison and a $250,000 fine.

AMEB procured workers from Mexico for Viscardi’s construction company, however, the Peñas and Villar also submitted documentation to the Department of Homeland Security, Citizenship and Immigration Services and other governmental agencies seeking workers from India on behalf of Viscardi.

Mack, of Fort Worth, and Rakesh, of Houston, recruited citizens of India who were willing to pay between $20,000 to $80,000 in exchange for visas to enter the U.S., the news release states.

In spring 2006, Alberto and Bernardo traveled to India to assist the Indian nationals with the application process and allegedly visited and communicated with the U.S. Consulate in Mumbai.

The U.S. Consulate in Mumbai received an anonymous fax on Feb. 26, 2006, “which alleged that a recent group of visa applicants had each fraudulently obtained visas by paying an unknown U.S. person fees between $57,000 to $68,000,” court documents show.

The 88 Indian nationals began to arrive in the United States from late February to late March 2006 and entered the country, court documents show.

Each of the Indian nationals that were granted H-2B visas arrived to Houston, where they made payments for their visas in the form of cash, cashiers checks and international money orders.

“None of the Indian nationals were ever employed by Viscardi at the construction company,” the news release states. “Instead, they simply disappeared throughout the U.S. after paying for their fraudulently obtained visas. All of the conspirators, including Villar and Viscardi, shared in the proceeds derived from the scheme.”

All defendants are accused of assisting in the procurement of the H-2B visas for the Indian nationals, although they allegedly knew none had intentions of working for the company that obtained the visas on their behalf.

If convicted, they each face a maximum penalty of up to 15 years in prison and a $500,000 fine. Bernardo faces an additional 20 years in prison and a $500,000 fine if convicted of money laundering for the purpose of concealment. Mack and Alberto each face an additional 10 years in prison and a $250,000 fine if convicted of violating the money laundering spending statute.

Mack and Rakesh appeared Thursday before U.S. Magistrate Mary Milloy in Houston. They were released on a $50,000 bond. They are scheduled to appear in federal court on April 15 before U.S. Magistrate Calvin Botley in Houston.

Alberto appeared Friday before Milloy and was released on a $50,000 bond.

Bernardo and Villar remain at large, and warrants for their arrest have been issued.

Anyone with information regarding their whereabouts is asked to contact U.S. Immigration and Customs Enforcement at 1-866-DHS-2-ICE (866-347-2423).

http://www.ocregister.com/articles/day-laborers-city-2011287-deberry-ordinance

New ordinances cracking down on businesses allowing day workers to congregate add to declining numbers in Orange. 

ORANGE – The number of day laborers in town has dropped 80 percent this year, in the wake of two municipal laws meant to stopping the laborers from congregating and soliciting work, city officials say.

The Police Department keeps statistics on sightings of apparent day laborers.

Further, City Attorney David DeBerry said he spotted approximately eight day laborers at Chapman and Hewes avenues on a recent day.

“That’s a huge drop,” DeBerry said. “There’s usually 70.”

City officials say no business has applied for a permit to allow day laborers to congregate on their property since a city law went into effect.

Councilman Jon Dumitru said the new law, enacted on March 13, adds to the ordinance enacted in January aimed at stopping day laborers from soliciting for work.

Under the latest law, city businesses that want to allow day laborers and those who want to employ them to congregate on their property must get a permit from the city.

“It’s not just day laborers, it’s also the people hiring them,” Dumitru said. “We’re going both directions on it.”

The ordinance states that permits are not needed if four or fewer day laborers gather. The fine for violating the ordinance is $250 for the first offense, $500 for the second – and $1,000 and up to three months in jail for the third.

DeBerry said 30 citations were handed out from Jan. 17 to March 1. Police logs show that just three citations were handed out in March.

“The ordinance seems to be working. Every once in a while, you’ll see more than one or two day laborers,” Mayor Carolyn Cavecche said.

Thursday morning, at Moreno’s Restaurant on Chapman Avenue, about six men gathered in front. Restaurant owner Javier Moreno said he had not received any official notice of the city ordinance.

“They eat and have coffee,” Moreno said. “I haven’t had any problems with them whatsoever.”

DeBerry said police went to different businesses along Chapman to tell owners about the new ordinance.

“Typically, how the situation would be handled is that we would receive a complaint about a business that was allowing day laborers on the premises,” DeBerry said. “Then we would go out and let them know the day laborers would have to leave, be reduced to four or less or the business would need to get a permit.”

Jose Herrera, 35, returned to the U.S. from Mexico two months ago and had little success finding work by standing at Hewes and Chapman. Herrera said the ordinance is the reason would-be employers don’t pull up looking for workers anymore.

“I’ve seen a lot of police cars, there are signs saying we can’t stand here and look for work,” Herrera said. “Police and sheriff officers stop by and tell us to leave or we’ll get fined, so we leave. But we need to work, so we come back.”

Stricter enforcement eligibility requirements at the Resource Center have resulted in a drop in patronage.

“They’re required to present two forms of identification and be able to present a Federal I-9 form in order to be used,” Dumitru said.”

DeBerry said the combination of ordinances and enforcement might have driven out day labors from other cities.

“We had some evidence that day laborers were coming from other jurisdictions,” DeBerry said. “Maybe they’ve stayed in their own areas.”

Herrera said he’s heard some laborers have moved out of state, to Oregon for example, because of the lack of work.

http://www.brownsvilleherald.com/news/woodard_85614___article.html/county_fsa.html

April 3, 2008

April 3, 2008

Environmental advocates said Wednesday that they weren’t surprised by the U.S. Department of Homeland Security’s decision this week to waive several environmental laws to expedite construction of border fencing in four states. Still, they haven’t given up on efforts to stop the project.

“I thought eventually, they would do this,” said Martin Hagne, manager of Valley Nature Center in Weslaco. “But I don’t feel we are defeated, and we’re certainly looking at every avenue possible.”

For months, environmental groups have spoken out against the proposed border fence, saying it would affect wildlife’s ability to migrate and reach fresh water from the Rio Grande.

Hidalgo County’s proposal to construct 22 miles of concrete levees that would double as a border fence rankled environmentalists even more.

Officials from the Rio Grande Valley’s wildlife refuges and environmental advocates said the combined fence-levee structure would make it impossible for endangered species like the ocelot to migrate.

Environmental groups likely will have a tough time finding an avenue to stop the proposal now, however. Under the 2005 Real ID Act, Homeland Security Secretary Michael Chertoff has the authority to waive any laws that prevent quick construction of border fencing, including the National Environmental Policy Act, the Endangered Species Act and the Migratory Bird Treaty Act.

That waiver leaves environmental groups with little legal recourse against the fence’s construction, said Oliver Bernstein, spokesman for the Sierra Club.

Last year, Sierra Club and Defenders of Wildlife filed a federal lawsuit challenging the construction of fencing on the San Pedro Riparian National Conservation Area in Arizona. A federal judge issued an injunction against construction in October that later became moot after Chertoff invoked his waiver authority, Bernstein said.

“Once that waiver was granted, construction started right up and we weren’t able to do anything else,” he said.

The two organizations have appealed to the U.S. Supreme Court, asking the court to evaluate whether the Real ID Act is constitutional.

“We expect a response sometime this summer,” Bernstein said.

Chertoff’s announcement came after a March 3 letter from Kenneth Stansell, deputy director of the U.S. Department of the Interior, to Greg Gibbens, director of U.S. Customs and Border Protection’s Secure Border Initiative. In the letter, Stansell says that any border fence or levee that cuts across the Lower Rio Grande Valley National Wildlife Refuge would ultimately violate the refuge’s purpose, and therefore Chertoff would have to waive the National Wildlife Refuge Administration Act to move forward on fence construction.

Stansell further warned that a proposed fence-levee combination in Hidalgo County would present more environmental problems than the original fence proposal.

“This combined project would eliminate wildlife passage by replacing CBP’s original ‘wildlife-friendly’ fence design with an impermeable 16- to 18-foot high wall built into a flood-control levee,” Stansell said in the letter.

Even with the waiver in place, the U.S. Department of the Interior is still working with the Department of Homeland Security on ways to minimize the fence’s environmental impact, said Department of the Interior spokesman Shane Wolfe.

The agencies are working on an agreement that would grant $50 million to the Department of the Interior to fund mitigation projects that would help endangered species, Wolfe said in a statement.

Environmental advocates said they are appealing to members of Congress to change the Real ID Act, and also are waiting to see what happens with the Supreme Court appeal and the November presidential elections.

“I think the public is starting to see that we have some valid points,” Hagne said. “I think this issue will gain national momentum.”

Refuge officials said, meanwhile, that they’re doing what they can to protect wildlife as fence plans move ahead - even if they feel their hands are tied.

“We’ve tried to figure out a way to make this a wildlife-friendly fence, but at the end of the day, it’s going to be a stretch,” said Nancy Brown, spokeswoman for the South Texas Refuge Complex.

http://www.brownsvilleherald.com/news/houston_85630___article.html/area_forced.html 

April 3, 2008

http://www.brownsvilleherald.com/news/nacogdoches_85631___article.html/county_court.html

April 3, 2008