UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA UNITED STATES OF AMERICA,
FRAUD AND MISUSE OF VISAS/PERMITS 18:1546(a) Visa Fraud
C. NATURE OF THE OFFENSE -. FACTUAL BASIS
6. Elements Understood. Defendant understands that to prove the offense alleged
under Count I (Visa Fraud), the Government would be required to prove beyond a reasonable
doubt the following elements:
(a) The defendant used and possessed a nonimmigrant visa;
(b) The defendant took such action knowingly; and
(c) The defendant knew the document was procured by means of any false
claim or statement.
7. Elements Admitted. As a factual basis for his plea of guilty, Defendant admits the
(a) On or about February 24,2015, Defendant, Kemelios Osman Agar, an
Ethiopian resident, submitted an online Visa application (form DS-160) to
the United States government. As part of said visa application, Defendant
falsely answered "no" to the question: "Have you ever served in, been a
member of, or been involved with a paramilitary unit, vigilante unit, rebel
group, guenilla group, or insurgent organization."
(b) As a result of the information and assertions contained in the online Visa
application, the United States government issued Defendant, Kernelios
Osman Agar, a nonimmigrant A-2 Visa on March 4,2015. Defendant
subsequently entered the United States on or about March 19,2015.
(c) On or about April 4, 2015, Defendant, Kernelios Osman Agar, utilized the
nonimmigrant A-2 Visa to travel to Des Moines, Iowa.
(d) Defendant, Kernelios Osman Agar, has been a member and Chairman of the
Democratic Movement for the Liberation of Eritrean Kunama (DMLEK)
since 1998. DMLEK constitutes a paramilitary unit, vigilante unit, rebel
group, guenilla group, or insurgent organization.
06/26/2015 Interpreter needed as to Kernelios Agar. Kunama is first
language and Amharic is second language. Defendant understands both,
whichever court is able to hire.(sc) Modified on 7/1/2015 (tkc). (Entered:
06/26/2015). Interpreter in Kunama language: David Fafi.
KERNELIOS OSMAN AGAR,
The United States of America (also referred to as "the Government") and the Defendant,
KERNELIOS OSMAN AGAR, and Defendant's attorney, enter into this Plea Agreement.
1. Subject Offense. Defendant will plead guilty to Count 1 of the Indictment, that is,
Visa Fraud, in violation of Title 18, United States Code, Section l5a6(a).
24. Defendant. I have read all of this Plea Agreement and have discussed it with my
attorney. I fully understand the Plea Agreement and accept and agree to it without reservation. I do this voluntarily and of my own free will. No promises have been made to me other than the promises in this Plea Agreement. I have not been threatened in any way to get me to enter into this Plea Agreement. I am satisfied with the services of my attorney with regard to this Plea Agreement and other matters associated with this case, I am entering into this Plea Agreement and will enter my plea of guilty under this Agreement because I committed the crime to which I am pleading guilty. I know that I may ask my attorney and the judge any questions about this plea Agreement, and about the rights that I am giving up, before etering into the plea of guilty.
Editorial, January 21, 2016