Prince George's County Police Department

Gang Field Interview Sheet

5091 •

Date Entered: 3/28/2019 6:4 7:57 PM Location of Incident:

lnteNiew Date: 3/28/2019 Time: 0:00 301 East West Highway

Officer: - Hyattsville MD

ID#: - ,__ ______________

20782
CaseNumber HCPD 19-0963 . D GangNet? 0 File Created?
Last: ABREGO-GARCIA ADDRESS: 4505 Birchtree Ln City: Temple Hills
First Kilmar State: MD Zip: 20748
Middle: Armando PHONE: NIA
DOB: 712611995 HtFt: 5.07 Wt: 200 Race: H Sex: M Eyes: Brn Hair: Blk

Father Name:
Mother Name:

;:::/E=M=P=LO=Y:::;E=R/=S=C=H=O=O=L=:=U:;:::n=e=m=pl:::;oy=e=d==:::;-;:==:::;-r=======;-;===;:======/
S=O=C==;#:::::::::/= = == l;::::
A=LN=#::::::::
:1=.==='--=l=L=IC:;=#:::::!..!11=====;:==~'f=B=I#=
~= = ===;/
ISID#: I /
::=I

ICE AR#:J /ICE Status: / /

Hair Length Hair Style Facial Hair

D Collar □ Afro 0 Beard
□ Long 0 Braided D Clean
0 Short D Curly 0 Fuzz
D Shoulder D Greasy 0 Goatee
0 Other Length 0 Straight 0 Moustache

Complexion
I
□ Bald
0 OtherStyle
l ..,,
D Unshaven
0 Sideburns'
•

0 Acne/Pock
0 Dark
0 freckled
0 LlghUFalr
0Medium
□ Pale

Thursday, March 28, 2019 Page 1 of 3

Admitted: Exh. B4
 e,

Gang: Mara Salvatrucha 13 Member/Associate: Member

Clique: Westerns MemberStatus: Active
Moniker: Chele
/Sea rs/Ma rks/Tatto os:

Vehicle Year: Make; Model;

Color: TAG#:
Gang Criteria:
D ClassificationAdmit D SelfAdmit
0 ArrestedAloneOr 0 ReliableSource
0 Untestedlnformant 0 AffiliatesGang
D HandSigns 0 FrequentsGangArea
0 Dress D Other
D Tattoos
Narrative:
On 03/28/2019 at approximately 1427 hours, Detective ~ ith the Hyattsville City Police
observed four individuals loitering in the parking lot of the Home Depot located at 3301 East West
Highway in Hyattsville, MD 20782. As Det. - -approached the individuals, two of the
individuals reached into their waistbands and discarded several unknown items under a parked vehicle.
All four individuals were stopped by Hyattsville officers. Det. - -·immediately recognized
Christhyan HERNANDEZ-ROMERO aka "Bimbo" as a member of the MS-13 Sailors Clique. Two
small plastic bottles containing marijuana was located on scene. All four individuals were transported
back to District I for interviews.

Member of the Prince George's County Gang Unit MS-13 Intelligence Squad have encounter
Christhyan HERNANDEZ-ROMERO on multiple occasions. He has an extensive criminal history for
multiple assault, concealing dangerous weapon, burglary and many other criminal offences. He has
also been found guilty of gang participation in the Circuit Court for Prince George's County in
December of 2018. Officers know HERNANDEZ-ROMERO to be an activeMS-1 3 gang member with
the Sailor' s Clique with the rank of"Observacion" and moniker of"Bimbo".

Officers also interview Jose Guillermo DOMINGUEZ. During the interview officers observed tattoos
of skulfs covering their eyes, ears and mouth. Officers know these kind of tattoos are indicative of the
Hispanic gang culture. The tattoos is meant to represent "ver, oir y calJar" or "see no evil, hear rio evil
and say no evil". He also had a tattoo of a devil on his left leg which officers know only higher ranking
MS-13 gang members are allow to get a tattoo with the horns. This represents power within MS -13.
Officers made contact with a past proven and reliable source of information, who advised Jose
Guillermo DOMINGUEZ is an active MS-13 gang member with the Sailor's clique, the rank of
" Chequeo" with the moniker "Maniaco".

Officers then interviewed Kilmar Armando ABREGO-GARCIA. During the interview officers

Thursday, March 28, 2019 Page 2 of 3

Admitted: Exh . B4
 observed he was wearing a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears
and mouth of the presidents on the separate denominations. Officers know such clothing to be
indicative of the Hispanic gang culture. The meaning of the clothing is to represent "ver, oir y callar"
or "see no evil, hear- no evil and say no evil". Wearing the Chicago Bulls hat represents thay they are a
member in good standing with the MS-13 . Offic.ers contacted a past proven and reliable source of
infonnation, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with
the Westerns clique. The confidential source further advised that he is the rank of "Chequeo" with the
moniker of "Chele".

Officers interview Jasson Josue RAMIREZ-HERRERA . During the interview officers were unable to
determine his gang affiliation. Officers know MS-13 gang members are only allowed to hang around
other members or prospects for the gang. Officers will continue to monitor Jasson Josue, RAMIREZ-
HERRERA for further gang activity. He was sent on his way without further incident.
1Associates:
Last: Hernandez-Romero First: Cristian Middle: Fernando
Last: Ramirez-Herrera First: Jasson Middle: Josue
Last: Dominguez-Espinoza First: Jose Middle: Guillermo

Thursday, March 28, 2019 Page 3 of 3

Admitted : Exh . B4
 •
U.S. Department of Homeland Security

Family Name (CAPS)

ABREGO-GARCIA,, KILMER ARMADO
Couniry ofCibW'l.$hip
EL SALVADOR
Subject ID

First
- Middle
Record of Deportable/Inadmissib)e Alien

M
Sex

Hoigbt
67
Hair
BI.K
w~ish•
150
Eyes
BRO
O«uparion
Laborer
Cmplxn
LBR.

Scars and Marks

LN Temple Hills, MARYLAND, 20748
Passenger 13-0arded at l!I Single
0 Divorced □ Married
O Widower □ Se .,_ted
Number. S1reet, City, Provine,e (St3te) and Cow-i:ry 0£ PermMcnt Re=ideJ'lce Mc1hod of Loc;a.cion/ApJ)f'chension
San Marco San Salvador, EL SALVADOR NCA NA
OaleofBim D.11t. of Action Locatic,, Code Ac/Near Daie/llour
Age: 23

-
07/26/1995 03/29/2019 BAL/BAL See I-831 03/28/2019 19:13
City, Province (Slate) and Counuy of Birth R I!) Fonn : (Type and No,) Lifted Not Lifted 0 By
San Salvador, EL SALVADOR
NIV Issuing Post and NIV Number Social Security Account Name Starusat Entl)' Status When Found

s~ial Security NuClbCr LcngthofTimc lllcgally in U.S.

lmmigratiOfl Reccrd Criminal Record

NEGATIVE None Known
Name, Address, and Nationality of Spouse (Maiden Name, if Appropriate) Number and Naticnalir1 onlinorChildren
None
Father's Name. N11ionalilY, and Add'<ess. if Known Molhe,·s Prese1H and tvlaideo Nantes. Natiomliry, and Address, if Known
- NATIONALITY: EL SAI,VADOR - - NATIONALITY: EI. SALVADOR
Monies Due/Prol)<lly inU.S. Not in Immediato Possession Fingerprinted? ID Yes D No Sysrems Checks Ch1ri1e Code Words(s)
None Claimed See
Narrative See Narrative
Name a.,d Address of(Lasr)(Current) U.S. Employer Type of E°"'loycnent Salary Eq,loyed from/to
Hr
Nurative (Ou1ll!\c pu1iculars under which alien was located/apprehended. Include de1ails not shown above reiarding 1ime. place and manner of list encry, attempted entry, or a,ny other entry, and
elements which establish adminis1rative and/or criminal violation Jndicaic muns and roule or travel to in1erior.)
FIN: 1274054602 Left Index fingerprint Right Index fingerprint

Subject Health Status

The subject claims good health.

current Administrative Charges

03/28/2019 - 212a6Ai • ALIEN PRESENT WITHOUT ADMISSION OR PAROLE -

. . . (CONTINUED ON I-831)

Alien has been advised of c:ommunic.ation privileges (Sign,,-.?and Title of Immigration Officer)
Distribution: (Subject and Oocu~ts) (Report of Interview)

A-Yile Office,: _s_._1_0~0""~--T-E_o________..,..________

CIS on: March 29, 2019 ftimel

ear
DET

Fom1 f.213 (Rev. OS/01/01)

Admitted: Exh. B 4
 •
U.S. Department of Homeland Security

Alien•s Name File Number

• Date
I-213
Continuation Page for Form ______...;..._ _

ABREGO-GARCIA,, KILMER ARMADO 03/28/2019

Event No:
Previous Criminal History

Subject has no criminal history

CRIMINAL AFFILIATIONS

Subject has been identified ae a Member/Active of M.S.13

Records Checked

Neg
Neg

FUNDS IN POSSESSION

United States Dollar 1,178.00

At/Near

Hyattsville, Maryland

Record of Deportable/Excludabl e Alien:

ENCOUNTER/ ARREST:
On March 28, 2019, the Prince Georges county Police Gang Unit made contact with two
suspected~ ns whom they had validated as an active MS13 gang members. ICE ERO
officers - -and - responded to 5600 Rhode Island Ave., Hyattsville, MD 20783.

Upon arrival, ■■■■■■■■■■■■■- met with Task Force Officer Detective - and he
stated, that a subject later identified as Abrego-Garcia, Kilmer Armando (A# 201 577 119
(DOB : 07/26/1995) and Dominguez, Jose Guillermo (A (DOB -■111111■1 was
detained in connection to a murder investigation. and W. Allen then approached
the subjects identified themselves as Immigration and Custom Enforcement Officer and
questioned the subject as to their citizenships.

The subjects freely admitted being citizens and national of El Salvador by birth and that
they were present in the United States illegally. The subjects were not in possession of
any immigration documents that would allow them to be in or remain in the united States
legally.

At approximately 1930, the subjects were arrested and transported to the Howard County
Detention center for overnight placement . On March 29, 2019, the subject was transported to
the Baltimore F ield Office for processing without incident.

ALIENAGE AND REMOVABILITY:

Signature Title
oe creation otticer

2
_ __ 3 _ Pages
of _ _

Admitted: Exh. B 4
 U.S. Department of Homeland Security

Alien's Name
• File Number
.
C ontmua
•
t·ron p age 1or

Date
r Form _
I -_
213
_ _ _ _ __

ABREGO-GARCIA,, KILMER ARMADO 03/28/2019

Event No:
Abrego-Garcia is a citizen and national of EL Salvador. Abrego-Garcia claimed to have
walked across the desert for many days entering illegally into the United States near
McAllen, Texas on or about March 25, 2012.

PROCESSING INFORMATION:
Abrego-Garcia• fingerprints and photograph were entered into the IDENT/IAFIS database and
returned with the immigration and criminal history listed below.

IMMIGRATION HISTORY:
Record checks showed that Abrego-Garcia has no immigration history and received A# 201 577
119 as a result of today's apprehension.

IMMIGRATION CHARGE:
Abrego-Garcia has made no claims to USC or LPR and is amenable to removal under
212 (a) (6) (A) (i) of the Immigration and Nationali.ty Act, as amended, in that Abrego-Garcia is
a n alien present in the United States without being admitted or paroled, or who arrived in
the United States at any time or place other than as designated by the Attorney General .

HUMANITARIAN ISSUES:
Abrego - Garcia claims to be i n good health. A b r e g o ~ i v e n ~ y to make
one free phone call. Abrego-Garcia made a call to - - - - at - -and
remained for 5 minutes . Abrego-Garcia is no t claiming fear of returning to his country.

GANG VALIDATION:
Per Prince Georges County Police Gang Unit
Abrego-Garcia was validated as a member of the Mara Salvatrucha (MS13) Gang . Subject was
identified as a member of the Mara Salvatrucha MS-13, "Chequeo" from the Western Clique a
transnational criminal street gang. This information was provided by who has
provided truthful accurate information in the past. See Prince Georges County Police
Department (Gang Sheet).

INTELLIGENCE INFORMATION:
Abrego-Garcia has gang affiliation and subject states that he has no information about gangs
or human/drug smuggling.

Abrego-Garcia was advised of his right to speak with a consular officer of his native
country of EL Salvador which he declined. Abrego-Garcia is claiming fear of returning to
his home country of EL Salvador.

DISPOSITION:
A Notice to Appear is being executed on Abrego-Garcia as per Section 212(a) (6) A) (i ) of the
Immigration and Nationality Act.

Other Identifying Numbers

ALIEN-201577119

Signature Title
De ortation Officer

_ 3_ _ of _ _3_ Pages

Form I-831 Continuation Page (Rev. 08/01/07)

Admitted: Exh. B 4
 - ..
U.S. Department of Justice
I ~

~
Executive Office for Immigration Review
]
\. in!liiiii~: Board of Immigration Appeals
.... -- .. Office of the Clerk

5107 leesbwrg Pike. Swue 2000

Falls Chwrch. l'irg1ma 1104 J

OHS/ICE Office of Chief Counsel - BAL

31 Hopkins Plaza, Room 1600
Baltimore, MO 21201

Name: ABREGO-GARCIA, KILMER AR ...

Date of this notice: 12/19/2019

Enclosed is a copy of the Board's decision and order in the above-referenced case.

Enclosure

• ,. :,!.:·..
Usertea m: Docket
 ~
• J ; . ~ ...
U.S. Department of Justice
.. \
Executive Office for Immigration Review
I ;
• ~---IVlal'!, Board of Immigration Appeals
.........·~ -- Office of the Clerk

5 /07 Leesburg Pike. Su11e 200()

Falls Church. Virg,ma 2204/

ABREGO-GARCIA, KILMER ARMADO OHS/ICE Office of Chief Counsel - BAL

31 Hopkins Plaza, Room 1600
ICE CUSTODY-HCDC Baltimore, MD 21201
7301 WATERLOO ROAD
JESSUP, MD 20794

Name: ABREGO-GARCIA, KILMER AR ...

Date of this notice: 12/19/2019

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.

Enclosure

Userteam:
 .
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: - Baltimore, MD Date:

In re: Kilmer Armado ABREGO-GARCIA DEC 19 2019

IN BOND PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT:

ON BEHALF OF OHS:

APPLICATION: Redetermination of custody status

The respondent, a native and citizen of El Salvador, appeals from an Immigration Judge's
April 24, 2019, decision denying his request for release on bond from the custody of the
Department of Homeland Security pursuant to section 236(a) of the Immigration and Nationality
Act, 8 U.S.C. § 1226(a). On May 22, 2019, the Immigration Judge issued a memorandum setting
forth the reasons underlying her conclusion that the respondent did not show that he is not a danger
to the community or that he presents a flight risk capable of being mitigated by bond. The appeal
will be dismissed.

This Board reviews the Immigration Judge's factual findings for clear error. 8 C.F.R.
§ l003. l(d)(3)(i); see also Mauer of Fatahi, 26 l&N Dec. 791, 793 n.2 (BIA 2016). We review
all other issues de novo. 8 C.F.R. § l 003.1 (d)(3)(ii).

An alien "must demonstrate to the satisfaction of [the Immigration Judge] that [his or her]
release would not pose a danger to property or persons .... " 8 C.F.R. § 1236. l(c)(8); see also
Mauer ofAdeniji, 22 l&N Dec. 1102, 1111-12 (BIA 1999). Thus, only if an alien has established
that he or she would not pose a danger to persons or property should an Immigration Judge decide
the amount of bond necessary to ensure the alien's presence at proceedings to remove him or her
from the United States. Mauer of Urena, 25 l&N Dec. 140, 14 l (BIA 2009).

The respondent argues that the Immigration Judge clearly erred in determining that he is a
verified member of MS-13 because there is no reliable evidence in the record to support such a
finding (Respondent's Br. at 6-9). In this regard, the respondent asserts that a Prince George's
County Police Department Gang Field Interview Sheet ("GFIS") is based on hearsay relayed by a
confidential source (Exh. 4). The respondent also claims that he presented sufficient evidence to
rebut the allegation that he is affiliated with MS-13, including character references and criminal
records showing that he has only been charged with traffic offenses. Therefore, the respondent
contends that the Immigration Judge erroneously ruled that he did not show that he is not a danger
to the community (Respondent's Br. at 9-10).
A201-577-l 19

We adopt and affirm the Immigration Judge's danger ruling (U at 2-3). See Maller ofBurbano,
20 l&N Dec. 872, 874 (BIA 1994). Notwithstanding the respondent's challenges to the reliability
of the GFIS, the Immigration Judge appropriately considered allegations of gang affiliation against
the respondent in determining that he has not demonstrated that he is not a danger to property or
persons. See Maller of Fatahi, 26 I&N Dec. at 795 (in determining whether an alien presents a
danger to the community and thus should not be released on bond pending removal proceedings,
an Immigration Judge should consider both direct and circumstantial evidence of dangerousness);
Maller ofGuerra, 24 l&N Dec. 37, 40 (BIA 2006) (stating that Immigration Judges may look to a
number of factors in determining whether an alien merits release on bond, including "the alien's
criminal record, including the extensiveness of criminal activity, the recency of such activity, and
the seriousness of the offenses").

Consequently, we need not address the Immigration Judge's flight risk determination
(Respondent's Br. at 10-11).

Accordingly, the following order is entered.

ORDER: The appeal is dismissed.

2
 United States Department of Justice
Executive Office for Immigration Review
Immigration Court
Baltimore, Maryland

In the Matter of In Bond Proceedings

ABREGO-GARCIA, Kilmer Armado

Respondent

Charges: Immigration and Nationality Act ("INA")§ 212(a)(6XA)(i)

Application: Change in Custody Status

Hearing Date: April 29, 2019

Appearances:

BOND MEMORANDUM

The Respondent is a native and citizen of El Salvador. On March 29, 2019, the
Department of Homeland Security (DHS) served the Respondent with a Notice to Appear
(NTA), which sets forth the following factual allegations: ( 1) the Respondent is not a citizen or
national of the United States; (2) he is a native and citizen of El Salvador; (3) he arrived in the
United States at an unknown place, on an unknown date; and (4) he was not then admitted or
paroled after an inspection by an immigration officer. Accordingly, the Respondent was charged
with removability pursuant to INA§ 212(a)(6XA)(i), as an alien present in the United States
without being admitted or paroled, or who arrived in the United States at any time or place other
than as designated by the Attorney General. Exh. 1. The Respondent was held in custody by the
OHS.

The Respondent requested a bond redetermination hearing, which the Court conducted on
April 24, 2019. At his bond hearing, the Respondent, through counsel, requested a $5,000 bond.
He argued that he is not a flight risk. He asserted that he has lived in the United States for eight
years. He has two brothers who are legal permanent residents. His fiance is a United States
citizen, and the Respondent is helping to raise and support her two children. His fiance is also
five months' pregnant with a child by the Respondent; her pregnancy is high-risk. He stated that
he failed to appear for hearings on some traffic violations because he was not aware of those
hearings, and he intends to hire an attorney to resolve his traffic proceedings. In addition, the

1
Respondent stated that he intends to apply for relief in the fonn of asylum and adjustment of
status based on his relationship to his fiance, whom he intends to marry. The Respondent also
argued that he is not a danger to the community. He has no criminal convictions. He denied
being a gang member and objected to the admissibility of the Fann 1-213 and the Prince
George's County Police Department Gang Field Interview Sheet because he lacked the
opportunity to cross-examine the detective who determined that he is a gang member.

The OHS opposed the Respondent's request for bond. The OHS asserted that the
Respondent is a verified gang member. The Respondent was arrested in the company of other
ranking gang members and was confinned to be a ranking member of the MS-13 gang by a
proven and reliable source. The OHS argued that the Fann 1-213 is admissible as a legally
reliable document in immigration court.

An alien seeking a custody redetennination under section 236(a) of the Act bears the
burden of demonstrating that he merits release on bond. Matter ofGuerra, 24 l&N Dec. 37, 40
(BIA 2006). The respondent may satisfy this burden by demonstrating that his release does not
pose a danger to persons or property, a threat to national security, or a risk of flight, and that he
is likely to appear for any future proceedings. Matter ofSiniauskas, 27 I&N Dec. 207,207 (BIA
2018); Matter ofAdeniji, 22 l&N Dec. 1102, l l l l-13 (BIA 1999).

An immigration judge has broad discretion to consider any matter deemed relevant to
detennining whether an alien's release on bond is pennissible or advisable. Matter ofGuerra, 24
l&N Dec. at 40 (noting that an immigration judge ''may choose to give greater weight to one
factor over others, as long as the decision is reasonable"). Relevant factors include: (1) whether
the alien has a fixed address in the United States; (2) the alien's length of residence in the United
States; (3) the alien's family ties in the United States, and whether they may entitle the alien to
reside pennanently in the United States in the future; (4) the alien's employment history; (5) the
alien's record of appearance in court; (6) the alien's criminal record, including the extensiveness
of criminal activity, the recent nature of such activity, and the seriousness of the offenses; (7) the
alien's history of immigration violations; (8) any attempts by the alien to flee prosecution or
otherwise escape from authorities; and (9) the alien's manner of entry to the United States. Id;
see also Matter of Saelee, 22 l&N Dec. 1258 (BIA 2000).

After considering the infonnation provided by both parties, the Court concluded that no
bond was appropriate in this matter. The Court first reasoned that the Respondent failed to meet
his burden of demonstrating that his release from custody would not pose a danger to others, as
the evidence shows that he is a verified member ofMS-13. Matter ofSiniauskas, 27 I&N Dec. at
210; Matter ofAdeniji, 22 l&N Dec. at 1111-13; 8 C.F.R. § 1003.l9(h)(3). The BIA has held
that, absent any indication that the infonnation therein is incorrect or was the result of coercion
or duress, Form 1-213 is "inherently trustworthy and admissible." Matter ofBarcenas, 19 l&N
Dec. 609, 61 l (BIA 1988). The Respondent contends that the Fann 1-213 in his case erroneously
states that he was detained in connection to a murder investigation. He also claims that the 1-213
is internally contradicts itself as to whether the Respondent fears returning to El Salvador. The
reason for the Respondent's arrest given on his Form 1-213 does appear at odds with the Gang
Field Interview Sheet, which states that the Respondent was approached because he and others
were loitering outside of a Home Depot. Regardless, the detennination that the Respondent is a

2
gang member appears to be trustworthy and is supported by other evidence in the record,
namely, infonnation contained in the Gang Field Interview Sheet. Although the Court is
reluctant to give evidentiary weight to the Respondent's clothing as an indication of gang
affiliation, the fact that a "past, proven, and reliable source of infonnation" verified the
Respondent's gang membership, rank, and gang name is sufficient to support that the
Respondent is a gang member, and the Respondent has failed to present evidence to rebut that
assertion.

The Court further held that no bond was appropriate in order to ensure the Respondent's
appearance at future hearings, as he had not met his burden of showing that he would not be a
flight risk. See 8 C.F.R. § l 003.l 9(h)(3). The Respondent's case presents limited eligibility for
relief, thereby significantly diminishing his incentive to appear for future immigration
proceedings. He is not married to his fiance, and any immigration relief that he can be expected
to gain from a marital relationship with her in the future is speculative. Although the Respondent
stated that he intends to file for asylum, his eligibility appears limited to withholding of removal
and protection under the Convention Against Torture due to his failure to file an application
within one year of his arrival in the United States. Those fonns of relief are limited and contain
standards that are difficult to meet. In addition, the record evidence shows that the Respondent
has a history of failing to appear for proceedings pertaining to his traffic violations. See Bond
Exh. 2, Tab I at 28-29. He asserted that he did not receive notice of these proceedings, but in his
written statement, he admitted that he remembers receiving citations that he chose not to follow
up on. See Bond Exh. 2, Tab Bat 5. The Respondent's lack of diligence in following up on his
traffic court cases indicates that he cannot be trusted to appear in immigration court.

In light of these findings, the Court concluded that no bond was appropriate in this
matter. That order was issued on April 24, 2019. The Respondent reserved the right to appeal.

Date