LOGK FB Post re Russian Citizen shot by CBP in Arizona
https://www.facebook.com/krasovsky911/posts/2542062229364966
American attorney, political scientist and former police officer, Gregory Krasovsky, gave an interview to Russia 24 TV News (Russia's state owned equivalent of CNN) on the shooting of a Russian Citizen, Evgeniy Gluschenko, by a U.S. Border Patrol Agent on the border with Mexico in Arizona.
See https://www.youtube.com/watch?v=p8OKbdgBjDI
What's the moral of the story?
1. Don't try to cross the border illegally into the U.S. from Mexico, Canada or elsewhere.
2. Don't resist arrest or try to flee when confronted by armed US law enforcement personnel, including DHS federal agents in CBP, ICE ERO & HSI.
3. Don't assault U.S. law enforcement, scuffle with them or attempt to grab hold of their weapons, as you could be shot.
4. Don't try to enter the U.S. under false pretenses (e.g. with a tourist visa, with a false identity or document or by submitting false and misleading information & documentation in your visa application & interview) with the intention of applying for political asylum.
5. Don't violate U.S. laws related to visas, immigration, border crossings and interactions with federal officials and law enforcement, as you could face detention, arrest, prison time, deportation and even a life-time ban on entry into the U.S.
6. If you have a valid claim for political asylum and refugee status (with bona fide evidence), then please present your claim properly to U.S. officials (DHS or Department of State) either at a U.S. Embassy abroad or at an established U.S. border crossing using proper procedures.
7. If you are trying to join your family in the U.S. and have been denied entry or been deported before, then please don't try to enter the U.S. illegally and risk injury, death or detention, imprisonment and/or deportation.
8. If you have any questions on applying for a U.S. visa or entry into the U.S., including as a visitor, worker, refugee / applicant for asylum, then please seek the advice of a competent and experiernced U.S. immigration attorney.
Any questions? Comments? Objections?
The Law Offices of Gregory Krasovsky
https://www.facebook.com/krasovsky911/posts/2542062229364966
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The Law Offices of Gregory Krasovsky
Washington, DC 20006
Tel: +1-202-558-5287
Fax: +1-202-558-5346
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Skype: Krasovsky
American website: www.krasovskylaw.com
Facebook: www.facebook.com/krasovsky911
Youtube channel: https://www.youtube.com/channel/UC6N9WNZiCUmj3FUxqbi6XrA/
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Immigration Law
http://krasovskylaw.com/individuals/immigration-law.html
Criminal Defense
http://krasovskylaw.com/individuals/criminal-defense.html
Prison Sexual Abuse
http://krasovskylaw.com/prison-sexual-abuse-lawyer.html
Political law
http://krasovskylaw.com/businesses/political-law.html
Russia & Former-USSR
http://krasovskylaw.com/international-services-attorneys/russia-former-ussr.html
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Arizona border agent shoots and wounds Russian migrant during altercation
Mike Cruz, Arizona Republic
Published 2:01 p.m. MT Nov. 15, 2019
An Arizona border agent shot and wounded a Russian migrant who was suspected of crossing the border illegally Thursday evening east of Lukeville.
A Tucson Sector Border Patrol agent was attempting to arrest a person, a migrant determined to be a Russian citizen, around 7:15 p.m. when an altercation ensued, according to a news release from U.S. Customs and Border Protection.
The agent fired his service weapon and struck the migrant, who suffered non-life threatening injuries and was taken by helicopter to a Phoenix-area hospital, the release stated.
Officials said Friday the migrant was still at the hospital.
The agent was not seriously injured, CBP officials said in the release.
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Arizona border patrol SHOOTS Russian citizen ‘suspected’ of crossing from Mexico into US illegally
16 Nov, 2019 03:48 / Updated 3 days ago
A Russian citizen was shot and wounded by a US Border Patrol agent who claims he suspected the man of sneaking into the country illegally.
The Russian consulate has confirmed his identity and requested access to the man.
“A Tucson Sector Border Patrol agent discharged his service-issued firearm in an incident near Lukeville, Arizona,” the Customs and Border Patrol (CBP) said in a statement on Friday, adding the wounded man was then transported to a hospital in Phoenix by helicopter for treatment of “non-life threatening injuries.”
The agent claims a “physical altercation” broke out as he tried to apprehend the suspect, in which he allegedly had no other choice but to fire his weapon. The man – identified to Sputnik as 37-year-old Evgeny Gluschenko by the Russian consulate general – remains in the hospital.
The incident is now under investigation by both the FBI and the border patrol’s Use of Force Incident Team.
https://www.rt.com/usa/473593-russian-citizen-shot-us-border/
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Border Patrol shoots and wounds Russian citizen sneaking across the border in Arizona
Posted by LET Staff | Nov 16, 2019
PHOENIX – If you were to believe the media reports that everyone sneaking across the border is an innocent woman or child, then you’d think this story was impossible.
This week, a Russian migrant who illegally crossed the border was shot and wounded by an Arizona border patrol agent.
According to a news release from U.S. Customs and Border Protection, it happened when a Tucson Sector Border Patrol agent was trying to arrest a Russian citizen around 7:15 p.m. Thursday.
While details have not yet been released, we know the agent was forced to fire his service weapon. He hit the criminal, who suffered non-life threatening injuries and was taken by helicopter to a Phoenix-area hospital.
As of Friday, the suspect was still at the hospital. According to CBP, the agent was not seriously injured. The FBI and CBP Use of Force Incident Team are currently investigating.
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REFUSED TO HELP DIPLOMATS: WHAT IS KNOWN ABOUT THE RUSSIAN, INJURED WHILE TRYING TO CROSS THE U.S. BORDER
magictr | November 19, 2019
In a press-service of the Consulate General of the Russian Federation in Houston (TX) reported that Russian citizen Evgeny Gluschenko was injured by an employee of the border service of the United States while attempting to illegally cross the U.S. border.
He also stated that he was not interested in the help of Russian diplomats.
About it writes “Interfax”.
“When our staff tried to contact him, he flatly refused to communicate. From which we conclude that he does not need our help”, — reported in the Russian diplomatic mission.
The press service said that Russian diplomats spoke with his wife who is in USA and wants to meet him. Glushchenko still in the hospital, as he is normal. This is not the first attempt of the Russians to enter the territory of the United States. He was deported in the late summer and fall, again tried to cross the border.
The Consulate General “keeps the issue under control,” and Russian diplomats “ready at any moment to communicate with employees if there are any questions or problems.”
November 14, the citizen of Russia Glushchenko, born in 1982 was wounded on the border of US and Mexico in Arizona while attempting to cross the border. He was taken by helicopter to a hospital in the city of Goodyear. According to media reports, in 2018, he tried together with his pregnant wife illegal to enter the United States from Mexico, was detained and then deported.
The Consulate General of the Russian Federation in Houston has stated that they intend to obtain consular access to the victim and to be in contact with the state police.
While in the Consulate General are unable to specify who is Glushchenko, as he and his wife were in Mexico, then arrived in the U.S. and why he was deported, and his wife remained in the United States.
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An illegal immigrant from Russia has been starving in an American prison for almost a month now: he does not want to return home
25.07.2019, 13: 13 EST
Source: Fox News (https://www.fox10phoenix.com/news/force-feeding-ordered-for-russian-immigrant-on-hunger-strike)
*The article has been automatically translated into English by Google Translate from Russian and has not been edited.*
US authorities won a court order to force-feed an exhausted Russian immigrant who went on a hunger strike at the Arizona Immigrant Content Center.
Yevgeny Glushchenko began to starve 19 June. During this time, he lost 25% of weight, which can lead to irreversible damage to organs and, possibly, death, wrote district judge Stephen Logan in his order on Monday.
The authorities claim that the Russian refuses to eat, explaining that he is either not hungry or will not eat until he is released from custody.
...
Glushchenko was taken into custody in September near Lukville, Arizona, after he and his wife penetrated the Mexican border, breaking the desert. Wife and son were released from custody.
His lawyers said in court records that Glushchenko and his wife fled Russia to Mexico after receiving "repeated threats from the government" because of his work with Western charities and refusing to pay bribes to the Federal Security Service, a Russian intelligence agency.
After his arrest, Glushchenko was detained at the immigration detention center in Eloy, south-east of Phoenix.
Russians had to be deported to their homeland commercial flight 17 June. The trip was canceled after he refused to get into the car that would take him to the airport.
...
The federal authorities won two court decisions that allowed Glushchenko to be forcibly fed.
Judge Logan gave an emergency order after the Russian remained in the hospital after the last hospitalization.
By his order, the judge gave a permanent permit to the federal authorities to force-feed the Russian while he is in the Immigration Center or until he stops the hunger strike.
Christopher Thomas, one of Glushchenko’s lawyers in the force-feeding trial, rejected requests for comment.
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Use of Force Policy, Guidelines and Procedures Handbook
HB 4500-01C
Office of Training and Development
U.S. Customs and Border Protection
May 2014
D. Use of Deadly Force
1. Deadly force is force that is likely to cause serious physical injury or death.
2. The Department of Homeland Security Policy on the Use of Deadly Force governs the use of deadly force by all DHS employees.
3. Authorized Officers/Agents may use deadly force only when necessary, that is, when the officer/agent has a reasonable belief that the subject of such force poses an imminent danger of serious physical injury or death to the officer/agent or to another person.
a. Serious Physical Injury - Injury which creates a substantial risk of death or which causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ or structure or involves serious concussive impact to the head.
4. Except in limited circumstances during air or marine enforcement operations, discharging a firearm as a warning or signal is prohibited. Discharging a firearm at a person shall be done only with the intent of stopping that person from continuing the threatening behavior that justifies the use of deadly force.
5. Deadly force is not authorized solely to prevent the escape of a fleeing subject.
Deadly force against a fleeing subject is only authorized if there is probable cause to believe that:
a. The subject has inflicted or threatens to inflict serious physical injury or death to the officer/agent or to another person; and
b. The escape of the subject poses an imminent threat of serious physical injury or death to the officer/agent or to another person.
https://www.cbp.gov/sites/default/files/documents/UseofForcePolicyHandbook.pdf
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DEPARTMENT OF HOMELAND SECURITY POLICY ON THE USE OF DEADLY FORCE.
June 25, 2004
By virtue of the authority vested in the Secretary of the Department of Homeland Security, including the authority vested by 6 U.S.C. § l 12(a), I hereby establish a Department of Homeland Security policy on the use of deadly force for law enforcement.
The policy set forth herein is intended to set uniform standards and provide broad guidelines for the use of force by law enforcement officers and agents of the Department of Homeland Security performing law enforcement missions.
The provisions of this Order apply to all law enforcement officers and agents of the Department of Homeland Security.
I. GENERAL PRINCIPLES
Law enforcement officers and agents of the Department of Homeland Security may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or lo another person.
A. Fleeing subjects. Deadly force may not be used solely to prevent the escape of a fleeing suspect.
C. If feasible and if to do so would not increase the danger to the officer or others, a warning to submit to the authority of the officer shall be given prior to the use of deadly force.
E. Officers will be trained in alternative methods and tactics for handling resisting subjects which must be used when the use of deadly force is not authorized by this policy.
https://www.dhs.gov/sites/default/files/publications/dhs-use-of-force-policy.pdf
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Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry
Friday, April 6, 2018
Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. The implementation of the Attorney General’s zero-tolerance policy comes as the Department of Homeland Security reported a 203 percent increase in illegal border crossings from March 2017 to March 2018, and a 37 percent increase from February 2018 to March 2018—the largest month-to-month increase since 2011.
...
Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border (i.e., Southern District of California, District of Arizona, District of New Mexico, Western District of Texas, and the Southern District of Texas) to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.
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U.S. Code § 1325. Improper entry by alien
(a)Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b)Improper time or place; civil penaltiesAny alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of—
(1)at least $50 and not more than $250 for each such entry (or attempted entry); or
(2)twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c)Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d)Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
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U.S. Code § 111. Assaulting, resisting, or impeding certain officers or employees
(a) In General.
—Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service,
shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
(b) Enhanced Penalty.—
Whoever, in the commission of any acts described in subsection (a), uses a deadly or dangerous weapon (including a weapon intended to cause death or danger but that fails to do so by reason of a defective component) or inflicts bodily injury, shall be fined under this title or imprisoned not more than 20 years, or both.
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U.S. Code § 1113. Attempt to commit murder or manslaughter
Except as provided in section 113 of this title, whoever, within the special maritime and territorial jurisdiction of the United States, attempts to commit murder or manslaughter, shall, for an attempt to commit murder be imprisoned not more than twenty years or fined under this title, or both, and for an attempt to commit manslaughter be imprisoned not more than seven years or fined under this title, or both.
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U.S. Code § 1114. Protection of officers and employees of the United States
Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished—
(1) in the case of murder, as provided under section 1111;
(2) in the case of manslaughter, as provided under section 1112; or
(3) in the case of attempted murder or manslaughter, as provided in section 1113.
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U.S. Code § 2231. Assault or resistance
(a) Whoever forcibly assaults, resists, opposes, prevents, impedes, intimidates, or interferes with any person authorized to serve or execute search warrants or to make searches and seizures while engaged in the performance of his duties with regard thereto or on account of the performance of such duties, shall be fined under this title or imprisoned not more than three years, or both; and—
(b) Whoever, in committing any act in violation of this section, uses any deadly or dangerous weapon, shall be fined under this title or imprisoned not more than ten years, or both.
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