U.S. Immigration and Customs Enforcement-Homeland Security Investigations has filed a criminal complaint in federal court against a man who presented a South Korean passport in the name of another person and made false statements and representations to U.S. Customs and Border Protection at the port of entry of Saipan.
Seongil Lee, also known as Nasaro Lee, is charged with one count of making false statements.
Lee appeared before designated Judge Teresa Kim-Tenorio at the District Court for the NMI on Friday.
Attorney Bruce Berline was appointed by the court to represent Lee who waived the reading of the charge against him and the reading of his rights.
Assistant U.S. Attorney Garth Backe appeared for the federal government.
After hearing from the parties, Judge Kim-Tenorio set a preliminary hearing for Nov. 5, at 9 a.m.
The judge also allowed Lee to be released on an unsecured bond in the amount of $3,000 but ordered him to abide by the terms and conditions imposed by the court.
In his affidavit in support of a criminal complaint against Lee, HSI special agent Frederic Jonas stated that on Oct. 16, at the Saipan port of entry, Lee presented a South Korean passport in the name of “Nasaro Lee” with a date of birth that is different from his own.
Lee also presented his biometrics, i.e. fingerprints, to CBP. Based on the passport and Electronic System for Travel Authorization application in the name of “Nasaro Lee,” he was admitted to Saipan.
According to Department of Homeland Security records, on April 5, 2010, CBP denied Seongil Lee’s entry into the United States at the Los Angeles Port of Entry.
The inadmissibility was based in part in an interview with CBP wherein Lee admitted to a controlled substance conviction in Japan, Jonas said.
Lee also admitted to serving five years and eight months of imprisonment for trafficking a controlled substance into Japan from South Korea.
Jonas said based on his narcotic conviction, Lee was deemed inadmissible per section 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act (INA).
On May 21, 2019, Lee submitted an ESTA application through the official website of the DHS, U.S. CBP, which is part of the CNMI’s Visa Waiver Program.
Lee’s ESTA application failed to disclose that he was a convicted felon and was denied, the special agent said.
On Oct. 1, 2021, an ESTA application was submitted using the name of “Nasaro Lee.”
This ESTA application also failed to disclose Seongil Lee’s prior felony conviction, Jonas said.
“This ESTA application was approved on Oct. 1, 2021. According to DHS systems, the fingerprints obtained from Seongil Lee’s previous encounters and Nasaro Lee matched.”
In his affidavit, Jonas also reported that he reviewed the images of Seongil Lee taken by CBP during the encounter on April 5, 2010, and compared them with the image of “Nasaro Lee” taken on Oct. 16. at the Francisco C. Ada/Saipan International Airport.
“Both images of the separate encounters are, in my opinion, of the same individual,” Jonas added.
