Identifier
Created
Classification
Origin
08VIENNA1506
2008-10-08 12:50:00
UNCLASSIFIED
Embassy Vienna
Cable title:  

AUSTRIAN GOVERNMENT INFORMED OF KUMPF REMOVAL;

Tags:  CPAS PREL AU 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHVI #1506/01 2821250
ZNR UUUUU ZZH
R 081250Z OCT 08
FM AMEMBASSY VIENNA
TO RUEHC/DEPT OF LABOR WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/SECSTATE WASHDC 1084
INFO RUEHBW/AMEMBASSY BELGRADE 0011
RUEHRL/AMEMBASSY BERLIN 1779
UNCLAS VIENNA 001506 

SIPDIS

DHS FOR ICE/OPLA AND ICE/OIA; DOJ FOR OSI AND OIA; STATE
FOR EUR/AGS

E.O. 12958: N/A
TAGS: CPAS PREL AU
SUBJECT: AUSTRIAN GOVERNMENT INFORMED OF KUMPF REMOVAL;
ACCEPTS APPLICABILITY OF 1988 JOINT STATEMENT

REF: 10-3-08 ST.ANDRE-YAP E-MAIL

UNCLAS VIENNA 001506

SIPDIS

DHS FOR ICE/OPLA AND ICE/OIA; DOJ FOR OSI AND OIA; STATE
FOR EUR/AGS

E.O. 12958: N/A
TAGS: CPAS PREL AU
SUBJECT: AUSTRIAN GOVERNMENT INFORMED OF KUMPF REMOVAL;
ACCEPTS APPLICABILITY OF 1988 JOINT STATEMENT

REF: 10-3-08 ST.ANDRE-YAP E-MAIL


1. (U) Summary. State and DHS/ICE representatives from
Embassy met 10/7 with Austrian Foreign, Justice and Interior
Ministry officials to request Austria accept the return of
Josias Kumpf under the terms of the 1988 U.S.-Austria Joint
Statement. The Austrians agreed on the applicability of the
1988 Statement and asked for 1) the text of the legal
judgments that confirm that Kumpf obtained his 1956 by
fraud/misstatement (see para 4) and 2) a letter from the
Embassy confirming that the U.S. has provided the evidence
required in para 4(b) of the Statement (see para 6 for draft
text). The Austrians also had additional questions regarding
Kumpf that they confirmed is not relevant to their decision
on accepting his removal but that would be useful in
assessing how to treat him should he return to Austria. See
Action Requests in paras 4 and End Summary.


2. (U) Participants: Austria - MFA: Helmut Tichy, Deputy
Legal Director; Gerhard Deiss, Director for Legal
Cooperation; Gregor Csoersz. Interior: Christian Schmalzl,
Deputy Director of Immigration Affairs. Justice: Stefan
Benner, Office of International Affairs. U.S.: Dean Yap,
Econ/Pol Counselor; Steven Madden, DHS/ICE.


3. (U) Econ/Pol Counselor briefly reviewed the
denaturalization and renewal cases against Kumpf and asked
for formal Austrian review of the case in keeping with the
1954 Readmissibility Declaration and the 1988 U.S.-Austrian
Joint Statement. Pursuant to the 1988 Statement, the MFA's
Tichy noted that the Austrians do not regard the 1954
Declaration as having legal effect, but that they agree that
he 1988 Statement itself does apply. They also stated their
understanding that Kumpf's lack of Austrian citizenship was
not an issue, as the 1988 Statement clearly applies to any
persons who emigrated from Austrian territory. Tichy then
asked for the USG's "proof that (Kumpf's) immigration visa
(was obtained) by fraudulent means or on the basis of false
statements," as require din paragraph 4(b) of the Statement.


4. (U) Drawing from the material provided in ref e-mail,
Econ/Pol Couns noted the findings of both the U.S. District
Court ((U.S. vs. Kumpf, No. 3-C-944) and the Court of Appeals
for the Seventh Circuit (U.S. vs. Kumpf, 438 F.3d 785, 787).

Tichy asked that copies of the decisions be provided for GoA
review. DOJ's Benner reported that in discussions with the
U.S. in early 2007, the Amended Decision and Removal Order of
the Immigration Judge (Jennie L. Giambastiani) had been
provided to the Austrians, together with copies of various
evidence submitted to the court did not address the question
of immigration fraud. (Note: Embassy was unaware of the
early 2007 contacts and has requested background information
on the purpose and outcome of these discussion through Legatt
channels.)


5. (U) Tichy and Benner also asked for a letter from the
Embassy that would confirm in writing the U.S. request that
Austria accept Kumpf, the USG view that Kumpf obtained his
visa by fraudulent means (and cover the court decisions
confirming this),and confirm that the U.S. had provided, as
required in para 4(b) of the Joint Statement, that the USG
had transmitted to Austria "all evidence at (its) disposal
which led ... to the conclusion" that Kumpf's visa had been
obtained by fraud. Benner indicated that in addition to the
court decisions, the material providing the 2007 discussions
would be sufficient from the Austrian perspective to meet
their own legal requirements. He reported that Austrian
prosecutors would review Kumpf's case to determine whether
legal action should be taken against him in Austria.


6. (C) Action Request: Clearance from the Departments of
State, Homeland Security, and Justice is requested on the
following text of a letter in response to the request in para
5 above:

Begin Text:

"Dear Dr. Tichy,

I wish with this letter to confirm my verbal request of
October 7 that, pursuant to the procedures in the
U.S.-Austrian Joint Statement of December 21, 1988, the
Government of Austria agree to the return of Josias Kumpf to
Austria, in keeping with the findings of the District Court
and the Court of Appeals for the Seventh Circuit that Mr.
Kumpf obtained his immigrant visa through fraud and false

statements and with the Order of Removal issued by the
Immigration Court in Chicago, Illinois on January 8, 2007.
The United States Government concurs with these decisions.

Enclosed with this letter you will find copies of the
decisions by the U.S. District Court and the Court of
Appeals, which detail the grounds for the courts' findings.
I understand that the Government of Austria is already in
possession of the text of the Immigration Court's decision.

With the transmittal of these decisions, and together with
the Immigration Court decision and other materials provided
to the Government of Austria in 2007, I also affirm that the
U.S. authorities have now transmitted all evidence at our
disposal which led to the conclusion that Mr. Kumpf obtained
his immigration visa by fraudulent means or on the basis of
false statements, as required in paragraph 4(b) of the Joint
Statement of December 21, 1988.

Please do not hesitate to contact me should you have further
questions, and I look forward to discussing this issue
further, as necessary.

Sincere regards,

Dean Yap
Counselor of Embassy"

End Text.


7. Action Request - Additional Questions: In addition to the
requests above, the Austrian officials asked several question
relevant to the status and treatment of Kumpf in Austria,
should he return. Econ/Pol Counselor affirmed, and the
Austrians agreed, that the answers to these questions were of
no relevance in the decision to accept the return of Kumpf.
Rather, they were practical questions related to Kumpf's
status and treatment in Austria. Embassy would appreciate
any information Washington agencies can provide on these
points:

-- Does Kumpf have any legal options that he could pursue to
remain in the U.S. or to return to the U.S. after removal
(for example, on the basis of family reunification or
hardship)?

-- Does Kumpf have any family or other personal ties to
Austria?

-- What type of document would Kumpf travel on in returning
to Austria?

-- What is the state of his health (physical and mental)?

-- What is his financial status and, specifically, would he
have a source of income (such as a pension) to support
himself in Austria?

GIRARD-DICARLO