a) First Apprehension - January 5, 1998

Resendez was apprehended by two Border Patrol agents on January 5, 1998, within the jurisdiction of the Del Rio Station, Del Rio Sector. On this date, 107 aliens were apprehended by Del Rio Border Patrol agents; 100 of these aliens were enrolled in IDENT.

Resendez identified himself to the apprehending agents as Angel Resendiz-Ramirez. The apprehension was near the border and between the ports of entry, but the I-213 form does not reflect the precise circumstances. According to IDENT, a Border Patrol agent other than the apprehending agents enrolled Resendez in IDENT on January 5. The agent identified in IDENT as enrolling Resendez did not specifically remember enrolling him. The agent said that the general policy at the Del Rio station was that each agent is responsible for enrolling aliens the agent apprehends. However, as noted above, once an agent signs onto IDENT, other agents often use the system to process aliens without separately logging on. As a result, the agent said he could appear in IDENT as the enrolling agent when he may not have processed Resendez.

IDENT did not indicate any prior “hits” for Resendez in either the recidivist or lookout databases. The I-213 indicated that Resendez denied having any criminal record. Depicted below is information in IDENT about this apprehension.²⁷

#1 1/5/98 Encounter

COMMENTS: None

HIT STATUS: No Hit

The enrolling agent said that he understood, through “word of mouth,” that the threshold for prosecution in the Del Rio Station was apprehensions. He said that for aliens with less than apprehensions, he would not have requested a criminal history check or sought prosecution for entry without inspection unless there were unusual circumstances involved with the arrest, such as resisting arrest, the presence of prison tattoos, the admission of having been incarcerated previously, or indications of alien or drug smuggling. In this case, apparently because there were not such unusual circumstances, the agent did not request any records checks on Resendez.

Resendez was voluntarily returned to Mexico on the same day.

b) Second Apprehension – January 7, 1998

Two days later, on January 7, 1998, Resendez was apprehended by two Border Patrol agents within the jurisdiction of the Uvalde Border Patrol Station, which is also in the Del Rio Sector. On this date, 16 aliens were apprehended within the jurisdiction of the Uvalde station; all were enrolled in IDENT.

Resendez identified himself as Angel Resendiz-Ramirez. He was apprehended near train tracks in Uvalde, Texas, and identified on the I-213 form as a “Uvalde train runner.” The IDENT comment field contained the entry “subject jumped off train while still moving.” The apprehending agent who completed and signed the I-213 did not specifically remember this arrest or why he made these entries. According to IDENT, the apprehending agent also enrolled Resendez in IDENT. The I-213 shows that Resendez admitted to the agent that he had been apprehended by the Border Patrol once previously and that Resendez denied having any criminal record.

Despite Resendez’s apprehension two days previously, IDENT did not uncover any possible matches in the recidivist database.²⁸ Depicted below is information in IDENT at the time of this apprehension.

#2 1/7/98 Encounter

COMMENTS: Subject jumped off train while still moving

HIT STATUS: No Hit

According to Border Patrol records, a Uvalde Border Patrol agent who was not one of the apprehending agents requested a radio room check on Resendez’s record. FBI records show that the LECA in the radio room requested an NCIC check on Resendez, using the name Resendez provided during this apprehension, Angel Resendez-Ramirez.²⁹

NCIC provided no hits on Resendez, because none of the names that Resendez used during his previous arrests and convictions in NCIC matched the name he used during this apprehension. Also, the only outstanding warrant for Resendez in NCIC’s “wants and warrants” database at this time was the warrant issued by the court in Albuquerque, New Mexico, in 1995 when Resendez failed to appear to face the charges for receiving a stolen vehicle and resisting arrest. That warrant had also been issued for Resendez under a different name.

Typically, LECAs in this radio room also check the INS databases CIS, NAILS, and DACS, as well as Texas databases, when requested to run a records check on the apprehended alien. We were unable to determine if the checks in these databases were run on Resendez during this apprehension. But they also would not have uncovered any information on Resendez because he was in INS and Texas databases under a different name and date of birth than the one he used during this apprehension.

According to FBI records, this apprehension was the only one of the eight apprehensions of Resendez by the Border Patrol in 1998 and 1999 for which the Border Patrol requested an NCIC records check on Resendez. Based upon our comparison of the names and birth dates provided by Resendez during the eight apprehensions and the names and birth dates for Resendez in NCIC and INS records, it appears that had any checks during the other seven apprehensions been conducted, they would not have resulted in any matches.

The Border Patrol agent who requested the records check during this apprehension did not have any recollection of Resendez or of requesting such a check. The agent said that he may have been processing other aliens at the station and agreed to help with processing Resendez as well. But he could not recall why he would have requested a check on Resendez.

The Border Patrol agent who apprehended Resendez and who IDENT indicates enrolled Resendez in IDENT during this apprehension also told the OIG that he did not remember Resendez or processing him. The agent did not know whether he requested the records check or why he would have done so. He said that one reason he requests NCIC checks is when there is an indication that the alien is a smuggler. However, there were no indications on Resendez’s I-213 or other INS records that he was suspected of smuggling or was even arrested with any other aliens.

The apprehending agent said that the comment “Uvalde train runner” on the I-213 suggests that another Border Patrol agent may have spotted Resendez jumping off a train but not been able to apprehend him. Because the apprehending agent was not on train duty, he did not think he would have seen Resendez jumping off a train. He said that perhaps he had apprehended Resendez in the brush, then learned from other agents that Resendez had jumped from a train and fled from them.

The apprehending agent said he would not have requested a records check solely based on Resendez’s one previous apprehension. The agent also said that he was not aware, either through written policy or word of mouth, of any particular “threshold” number of apprehensions that warranted referring an alien for prosecution for entry without inspection. He said recidivism was not frequently used as a basis for prosecuting an alien for entry without inspection and that he had never referred an alien for prosecution on this basis.

After being processed in IDENT, Resendez was voluntarily returned to Mexico on the same day.

c) Third Apprehension – January 8, 1998

On January 8, 1998, Resendez was arrested for illegal entry for the third time in four days. On this occasion, he was arrested within the jurisdiction of the Del Rio Border Patrol Station by two Border Patrol agents who were performing freight train check duties. In that assignment, agents patrol railroad areas in close proximity to the Mexican border and question suspected aliens about their citizenship to determine if they are in the United States illegally. On this date, 86 aliens were apprehended within the jurisdiction of the Del Rio station; 80 of these aliens were enrolled in IDENT.

Resendez identified himself as Angel Resendiz-Ramirez, the same name he had used during the first and second apprehension. The I-213 form indicates that Resendez admitted that he had been apprehended two times previously in the Del Rio Sector in January 1998. Resendez denied having any criminal record.

According to IDENT, one of the Border Patrol agents who apprehended Resendez enrolled him in IDENT. This agent told the OIG he did not specifically remember enrolling Resendez but that he had no reason to doubt that he did.

IDENT presented only one possible match, from Resendez’s second apprehension on January 7. The Border Patrol agent verified this match. Depicted below is information in IDENT at the time of this apprehension.

The agent told the OIG that while he understood that there was a threshold of apprehensions for entry without inspection prosecutions in the Del Rio Border Patrol Station, an agent can, on his own discretion, seek to have the alien prosecuted based on criminal warrants, prior deportations, or other behavior. The agent said that since Resendez had less than apprehensions in IDENT, and apparently no other indications to cause him to check other databases, he would not have considered it significant that Resendez had been apprehended the previous day.

#3 1/8/98 Encounter

Agent Verified Yes

COMMENTS: None

HIT STATUS: 1 Hit

Resendez was voluntarily returned to Mexico on the same day.

d) Fourth Apprehension – April 17, 1998

On April 17, 1998, Resendez was apprehended by two Santa Teresa Border Patrol agents near the Mexican border about five miles east of the Santa Teresa, New Mexico, port of entry. The Santa Teresa Border Patrol Station is within the El Paso, Texas, Border Patrol Sector. On this date, 48 aliens were apprehended within the jurisdiction of the Santa Teresa Border Patrol Station; 47 of these aliens were enrolled in IDENT.

Resendez identified himself as Angel Resendiz-Ramirez, the same name he had used during his first three apprehensions. According to IDENT, a Border Patrol agent other than either of the apprehending agents enrolled Resendez in IDENT. This agent did not specifically remember enrolling Resendez.

IDENT identified only one of the three prior apprehensions of Resendez as a possible a match – the first apprehension, on January 5, 1998. The enrolling agent did not verify or deny the one possible match. As a result, IDENT “auto verified” a match ten days later, on April 27, 1998.³⁰ Depicted below is information in IDENT at the time of this apprehension.

#4 4/17/98 Encounter

Auto Verified

COMMENTS: None

HIT STATUS: 1 Hit

The enrolling agent told the OIG that it he usually did not respond to possible matches offered by IDENT. He said that when IDENT presented a number of possible matches fewer than the threshold number for prosecution in Santa Teresa, and there was no other indication that would cause him to detain the alien for a criminal history check (such as evidence of alien smuggling or evidence of the alien having been previously deported), he often allowed IDENT to auto verify a possible match rather than do so himself. He said he believed it was more efficient to allow IDENT to make a match.

The enrolling agent said that he had never personally encountered an alien who had reached the apprehension threshold, which he thought was . He said he thought that even when an alien reached the threshold number of apprehensions, Border Patrol supervisors do not always approve prosecutions based on recidivism alone. He said that his supervisors encouraged agents not to spend excessive time in the station office and to return to the field as quickly as possible.

The agent said that when, as in this case, the apprehension threshold was not reached, some aggravating circumstances would cause him to check criminal and INS databases. The agent said that none of these factors must have been present in this case.

Resendez was voluntarily returned to Mexico on the same day.

e) Fifth Apprehension – April 21, 1998

Four days later, on April 21, 1998, Resendez was apprehended by a Border Patrol agent in Cline, Texas, within the jurisdiction of the Uvalde Border Patrol Station, Del Rio Sector. On this date, 78 aliens were apprehended within the jurisdiction of the Uvalde Border Patrol Station; 76 of these aliens were enrolled in IDENT.

The I-213 does not provide any other details about the circumstances of the arrest. Resendez identified himself to the apprehending agent as Angel Resendiz-Ramirez, as he had during the first four arrests. He denied having any prior apprehensions for illegal entries or a prior criminal record.

IDENT indicates that a Border Patrol agent other than the apprehending agent enrolled Resendez in IDENT. However, the agent identified by IDENT as the enrolling agent was on a temporary detail in North Carolina on April 21, 1998, and could not have enrolled Resendez in IDENT. This agent told the OIG that it was not unusual for one agent to enter an alien in IDENT while using another agent’s password. He stated that he did not know how other agents had obtained his IDENT password, although he said that the passwords are relatively simple to figure out in the Uvalde station. We were unable to determine which Border Patrol agent actually enrolled Resendez in IDENT for this apprehension.

IDENT did not present any of the prior apprehensions as possible matches when Resendez was enrolled on this date. The I-213 and the IDENT comment screen did not indicate any other factors in Resendez’s appearance or behavior that would justify a request for a database check or referral of Resendez for prosecution. Depicted below is information in IDENT at the time of this apprehension.

#5 4/21/98 Encounter

COMMENTS: None

HIT STATUS: No Hit

Resendez was voluntarily returned to Mexico on the same day.

f) Sixth Apprehension – April 22, 1998

The next day, April 22, 1998, Resendez was apprehended again by Del Rio Border Patrol agents. On this date, 159 aliens were apprehended within the jurisdiction of the Del Rio Border Patrol Station; 146 of these aliens were enrolled in IDENT.

The I-213 form does not indicate where or how this apprehension of Resendez occurred. He identified himself as Jose Angel Resendiz-Ramirez. He denied having any criminal history or prior illegal entries.

According to IDENT, the same Border Patrol agent who apprehended Resendez enrolled him in IDENT. This agent did not specifically remember apprehending or enrolling Resendez in IDENT.

On this occasion, IDENT presented one of Resendez’s prior FINs for verification as a possible match. This FIN covered both the January 7 and January 8, 1998, apprehensions of Resendez. According to IDENT records, the enrolling Border Patrol agent reviewed the picture of Resendez from the January 8, 1998, apprehension and entered a response of “verified no,” indicating that there was no match. As a result of the agent’s response that there was no match, IDENT assigned a fourth FIN to Resendez. Depicted below is information in IDENT at the time of this apprehension.

#6 4/22/98 Encounter

Agent Verified No

COMMENTS: None

HIT STATUS: 1 Hit

This agent said that because he lacks expertise with fingerprints, he relies primarily on photographs when IDENT requests verification of a possible match. He said that he is reluctant to verify a match using prior photographs unless he is absolutely certain it is the same person. He stated if he had any reasonable doubt about a possible match, he would give the alien the “benefit of the doubt” and usually deny the match, as he did during this enrollment of Resendez.

The agent also told the OIG that where, as in this case, he did not think that the photographs presented by IDENT appeared to be the same person, he would not go to other IDENT screens to view photographs from other apprehensions. He said he did not have sufficient time to be that thorough.

The agent said the vast majority of the time he requested INS and criminal records checks was because of the alien’s behavior when arrested (such as alien or drug smuggling, combativeness or false statements), rather than the number of prior apprehensions. He said that if an alien had less than apprehensions and was not suspected of any other criminal activity at the time of arrest, he generally would not review the alien’s criminal and INS records. Nor would the fact that the alien had been apprehended several times in a short time frame, in itself, cause him to scrutinize the alien’s criminal records.

The agent said that during his two years of using IDENT in Del Rio, he had encountered relatively few cases in which aliens had met the apprehension threshold. He said that his policy was to enter all of the pertinent information that he could in the IDENT comments screen. Thus, because he wrote no comments about Resendez, he apparently noticed nothing unusual about Resendez’s appearance or demeanor that would have caused him to make further inquiries.

Resendez was voluntarily returned to Mexico on the same day.

g) Seventh Apprehension – November 3, 1998

On November 3, 1998, Resendez was apprehended by a Border Patrol agent within the jurisdiction of the Santa Teresa Border Patrol Station. On this date, 52 aliens were apprehended within the jurisdiction of the Santa Teresa Border Patrol Station; 36 of these aliens were enrolled in IDENT.

Resendez identified himself as Gernando Mata-Roman. This was the third name that he had used in the course of the seven apprehensions in 1998.

According to IDENT, the same Border Patrol agent who apprehended Resendez enrolled him in IDENT. This agent stated he did not specifically remember processing Resendez.

IDENT presented one possible match for Resendez from the recidivist database, from the April 22, 1998 apprehension. The agent did not verify or deny the possible match. Instead, he allowed IDENT to auto verify the match, which it did 13 days later. Depicted below is information in IDENT at the time of this apprehension.

#7 11/3/98 Encounter

Auto Verified

COMMENTS: None

HIT STATUS: 1 Hit

The enrolling agent said that he believed that he was not required to verify a possible match presented by IDENT unless there was a lookout for the alien. He said if he was uncertain about a match, he was more comfortable allowing the computer to compare the fingerprints and make the determination through auto verification. He said that if he could not be certain that the pictures matched, but there was a relatively high matching score for the fingerprints, his policy was to ask his supervisor for an assessment.

When the OIG showed him Resendez’s photograph from this apprehension and the photograph from the April 22, 1998, apprehension in IDENT, the agent said that he would have verified a match if he had compared the photographs. However, he said that because IDENT only showed one hit at the time he processed Resendez, and there did not appear to be other unusual circumstances associated with Resendez’s apprehension, he would not, as a rule, have followed through and made the comparison at that time. Instead, he would have allowed the computer to reject or verify the possible match.

The agent knew that the prosecution threshold for entry without inspection in Santa Teresa was apprehensions. He said he had personally processed only one or two aliens who had reached this threshold. He said he would sometimes refer aliens for entry without inspection prosecution when they had less than apprehensions, but only if there were aggravating circumstances, such as the alien’s participation in alien smuggling or the alien’s being part of an alien smuggling load.

Resendez was voluntarily returned to Mexico on the same day he was apprehended.

We found no records of any other encounters that Resendez may have had with other law enforcement authorities or the INS between 1996 and December 1998. However, we cannot be certain that the incidents described above reflect all of Resendez’s criminal arrests or apprehensions by the INS. It is very possible that Resendez was apprehended attempting to enter the United States on other occasions by the Border Patrol agents but not enrolled in IDENT. If he gave a false name as an alias and was voluntarily returned to Mexico immediately, as was normally the case, it would be virtually impossible to find any paper record of such an apprehension. We discussed with the INS the likelihood of finding additional paper records reflecting any apprehensions of Resendez that are not contained in IDENT. We were told that such records could exist but would be virtually impossible to find.

²⁵ In what appears to be typographical mistakes, Resendez’s first name was misspelled in IDENT as Rangel in the second and third entries. On the I-213 forms for those apprehensions, his first name was spelled as Angel. In the second apprehension in IDENT, his date of birth was enrolled as 8/12/59, but on the I-213 his date of birth was 8/1/59.

²⁶ In another typographical mistake, IDENT gives his name for this sixth apprehension as Resended-Ramrez.

²⁷ This information would have appeared to the agent in a somewhat different form in IDENT.

²⁸ Tim Biggs, the Chief of the INS’s Biometric Information Systems Section, provided possible explanations for IDENT’s failure to match the fingerprints from these apprehensions. IDENT takes pressed (rather than rolled) fingerprints, which only capture a portion of the detail of each fingerprint. Even if both sets of IDENT prints were clearly taken, IDENT could fail to match them if the fingerprint impressions focused on different areas of the alien’s index finger. Therefore, for example, if the same individual is enrolled in IDENT on four occasions, IDENT may only recognize a match between encounters two and three because, due to the way the print was taken, these two prints showed more detail from the left side of the finger. In turn, IDENT may match encounters one and four because those prints show more detail from the center or right side of the finger.

²⁹ The LECA used a date of birth of 8/12/59, as contained in IDENT, which was different from the date of birth on the I-213 form (8/1/59). This difference, however, would not have affected the outcome of the search.

³⁰ As noted earlier, if the agent does not confirm or deny the possible match that IDENT presents, IDENT automatically confirms (“auto verifies”) the match approximately 8 to 10 days after the enrollment if the numerical scores of the fingerprint match exceed an established level.

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