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Walter Hempel

From: Janice Kephart-Roberts

Sent: Friday, March 05, 2004 10:00 AM
To: I ~1
Cc: Tom Eldridge; Walter Hempel
Subject: RE: Ziglar"s Commission testimony... .9/11 Personal Privacy

Bill, / \s for the information on this guy. Interesting an

However, contrary to your opinion about Ziglar, there is no way that in July 2003 Zigjar would have access to
information that this guy had adjusted status. Ziglar had long been a private citizen by then. His example is still a
good one as to the value of immigration law in catching terrorists. You are right that he did not address whether
the immigration system could then hold that terrorist away from immigration benefits or an IJ's decision, but I don't
think that was his point.

Janice

----- Original Message ----- _

From:
Sent: Friday, March 05, 2004 8:57 AM
To: Janice Kephart-Roberts
Subject: Ziglar*s Commission testimony...

Janice,

Remember this? It was part of Ziglar's testimony before the 9-11 Commission. I pulled
the criminal records. The guy was convicted of the felony social security and
immigration fraud violations in February 2003 and was sentenced to time served.
Apparently, he was then returned to immigration "control" where his deportation
proceedings commenced. It took me a while, but I was able to find out the guy beat the
deportation system. Wish I could say "incredibly" but I can't. In July 2003, a California
Immigration judge granted him relief from deportation and adjustment to permanent
resident alien status, apparently due to his marriage to a qualifying spouse,
notwithstanding his felony convictions and the prior terrorist threat information that led to
his being arrested in the first place. Obviously, either the Government's attorney failed
to properly prosecute the case or the judge was so liberal he/she didn't care what the
USG evidence was. I'm still waiting for absolute confirmation that said immigration
record relates to the same Merzouk, but I'm 99% certain it does (maybe Walt can
confirm that faster than I). What is incredible is the fact Ziglar used the case in his
testimony as an example of INS1 stellar counterterrorism efforts...when the guv is now
walking around free with a green card!]
>
Bill

In May 2002, the FBI received information that Tunisian Ahmed Merzouk, an employee

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of All Action Security at the Los Angeles Greyhound bus terminal, was interested in
obtaining explosive devices. Merzouk allegedly wanted to strike at the United States in
a way no one would forget, and to become a suicide bomber. The plan entailed
Merzouk and his friends boarding buses to the Los Angeles and Burbank airports and
upon reaching the terminals, detonating themselves to become heroes and martyrs.
With no viable criminal charges against Merzouk, the FBI turned to the INS, which
arrested him on June 4, 2002 on INS administrative charges for working without
authorization. On August 21, 2002, Merzouk was arraigned on criminal charges that he
used an unauthorized Social Security number in order to gain employment, based on
the investigative efforts of the INS working with the FBI.

3/5/2004
Single Result Page Page 1 of 1

Federal Bureau of Prisons

Inmate Locator
Seircb By: Search By:

Identification Number First and Last Kane

faq's

Search Criteria: First Name: AHMED Last Name: MERZOUK

Sex: MALE

Inmate Information for AHMED MOHAMED MERZOUK

Inmate Register Number: 24668-112
Name : AHMED MOHAMED MERZOUK
Age : 26
Race: WHITE
Sex: MALE
Date Released : 2/12/03
Americans with Disabilities Act (ADA)Text Links:
Identification Number Search | First and Last Name Search
Frequently Asked Questions | Privacy Notice

http://inmateloc.bop.gov/locatorservlet/gov.bop.inmatelocator.FindInmateHttpServlet7Indiv... 3/5/2004
 U.S. Department of Justice
Immigration and Naturalization Service

Office of the Commissioner 4251 Street NW

Washington, DC 20536

March 22, 2002

MEMORANDUM FOR ALL REGIONAL DIRECTORS

ALL DISTRICT DIRECTORS

FROM: James W. Ziglar /s/

Commissioner
Immigration and Naturalization Service

SUBJECT: Zero Tolerance Policy

Effective immediately, I am implementing a zero tolerance policy with regard to INS

employees who fail to abide by Headquarters-issued policy and field instructions. I would like to
make it clear that disregarding field guidance or other INS policy will not be tolerated. The days
of looking the other way are over.

Regional Directors and District Directors are expected to read and understand all field
guidance and then it is their responsibility to ensure that the substance of all field guidance is
properly and effectively communicated to all personnel, in a timely manner.

It is also imperative that each employee review and understand issued field guidance.
Each supervisor is to ensure that each employee has not only read the field guidance, but that
they are also implementing the guidance. Individuals who fail to abide by issued field guidance
or other INS policy will be disciplined appropriately.
 TESTIMONY OF JAMES W. ZIGLAR

BEFORE THE

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

JANUARY 26, 2004

Mr. Chairman and Members of the Commission:

I appreciate this opportunity to appear before the Commission to participate in your

examination of the events that transpired on September 11, 2001, and the response to those
events by the United States Government. In your letter inviting me to testify today, you
requested that I focus my remarks, as follows:

1. Immigration and Naturalization Service priorities during my tenure as

Commissioner of the Immigration and Naturalization Service;
2. The decisions made about border security on and immediately after the attacks;
3. The use of immigration laws in responding to the attacks subsequent to
September 11; and
4. The efforts to restructure and support the INS with funding in the new security
environment.

Mr. Chairman, I believe that the mandate of this Commission is legitimate and
critically important to our nation. The American people deserve to know all of the facts and
circumstances leading to the events of September 11, 2001, and they deserve to know what
was and is being done to prevent another such occurrence. They also deserve to have the
facts and circumstances put into a proper context in order to evaluate whether their
government failed them before September 11, and whether it has taken effective action since
September 11 to reduce the risk of another such occurrence.

Mr. Chairman, the scope of your request to me for information is daunting, and I am
sure that you understand that I no longer have access to all of the records necessary to fully
respond to your request, nor did I have staff resources to assist me in my effort to craft my
testimony for today's hearing. Notwithstanding these obstacles, I have attempted to provide
you with as much information as possible. I hope and assume that the Department of Justice,
the National Security Council, the Department of Homeland Security, the Central Intelligence
Agency, and others have provided you with unfettered access to materials relating to the
subjects outlined above.

Mr. Chairman, as you know, I was sworn in as Commissioner of the Immigration and
Naturalization Service on August 3, 2001, with my first day in the office being August 6.
Obviously, given the proximity of my entering upon the duties of Commissioner to the events