FOR IMMEDIATE RELEASE
Wednesday, May 28, 2008
MAKHAN SINGH SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on May 28, 2008, before U.S. District Judge Sam E. Haddon, MAKHAN SINGH, a 48-year-old citizen of India, appeared for sentencing. SINGH was sentenced to a term of:
- Prison: 5 months, time served
- Special Assessment: $100
- Fine: $1,500
- Supervised Release: 2 years
SINGH was sentenced in connection with his guilty plea to attempted re-entry of a previously deported alien.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On December 29, 2007, SINGH, arrived from Canada for inspection at the Sweetgrass Port of Entry. In primary inspection, SINGH stated he was en route to Bakersfield, California. He was accompanied by his parents and his son, age 16, born in the United States and a United States citizen. SINGH presented a New York state driver's license and an employment authorization. The employment authorization card was to expire a few days later on January 4, 2008.
The CBP officer referred SINGH for secondary inspection to verify his immigration status in the United States.
SINGH, with the assistance of his son, completed a written immigration declaration form on which he indicated he had never used another name; never been deported from the United States; or ever been arrested. SINGH also stated on the form that he had lived in California for over six years and that he had lived in the United States for 22 years.
A fingerprint analysis revealed that he had used the name Hardinger Singh when he was arrested by the U.S. Border Patrol in San Ysidro, California, on June 25, 1986. A review of immigration records found that INS had ordered SINGH deported to India under the name Hardinger Singh on August 14, 1986, in absentia, because he had failed to appear at his immigration hearing after being released from immigration custody.
When questioned further, SINGH initially continued to deny he had ever used another name or he had ever been arrested. SINGH finally admitted that in 1986 he used the name Hardinger Singh and that the U.S. Border Patrol had arrested him when he was smuggled into the United States illegally from Mexico. SINGH further admitted that in 1988 he falsely represented his arrest record and prior use of the name Hardinger Singh when he later applied for legal status in the United States as Makhan Singh.
A further review of immigration records found that SINGH had entered the United States since ordered removed in 1986 on four dates prior to December 29, 2007.
Further review of the records revealed no evidence that SINGH ever requested permission to apply for re-entry into the United States from the Attorney General of the United States, or his successor, the Secretary of the Department of Homeland Security.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that SINGH will likely serve all of the time imposed by the court. In the federal system, SINGH does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney Elizabeth A. Horsman prosecuted the case for the United States.
The investigation was conducted by the U.S. Customs and Border Protection.
