In a strange turn of events Chief Patrol Agent John J. Smietana, Jr. of the U.S. Customs and Border Protection on May 20th. Fed Exed the following letter demanding Fred Nelan of the Coal Mine Ranch tear down or block the Candelaria footbridge in 60 days. While Fred is an owner of the Coal Mine Ranch, he owns no property on or near the river at Candelaria or has anything what so ever to do with the bridge.

The letter reads as follows:

300 Madrid Street
Marfa, TX 79843

U.S. Customs and Border Protection

May 20, 2008

Presidio Properties
760 Rinconada Lane
El Paso, Texas 79922

To Whom It May Concern

The purpose of this letter is to request that you facilitate the U.S. Border Patrol's enforcement duties by removing the bridge on your property near Candelaria, Texas that spans a channel of the Rio Grande or securing it so that no one can cross illegally from Mexico into the United States. Title 8, United States Code, Section 1357(a) authorizes Agents to enter upon private lands located within 25 miles of the border without a warrant to pursue the investigation of illegal activities. Your property is within that 25-mile area and due to the close proximity of your land to the border, it is likely that unlawful entries into the United States occur on your property. Because we must prevent the illegal entry of terrorists, aliens and/or drug traffickers into the United States, I am asking that your assistance to either remove the bridge or at the very least, secure it so that no one can cross over from Mexico into the United States.

Based on patrolling activities of Agents in the area, it is known that numerous people cross illegally into the United States in the area of Candelaria, Texas. Therefore, within the next sixty days, please initiate measures immediately to secure, seal or completely remove the bridge from your property to ensure that you are not aiding and abetting these individuals illegal entry into the United States. See18 U.S.C. 2 (Principals); see also 8 U.S.C. 1321 (Prevention of Unauthorized Landing of Aliens), 1324 (Bringing In and Harboring Certain Aliens), and (Aiding or Assisting Certain Aliens Aliens to Enter the United States).

We appreciate your assistance and will continue to avoid interference with any rights you have with respect to your property. Our goal is to work with all persons who live along the border in a peaceful and cooperative manner. As discussed above, however, we cannot allow your bridge near Candelaria, Texas to provide as a means for people to illegally enter the United States.

If you have any questions, please contact Loraine Reynolds, Patrol Agent in Charge, U.S. Border Patrol, Marfa Station, Marfa Sector, at P.O. Box I (300 Madrid St.), Marfa, Texas, 79843 or via telephone at (432-729-4250. We look forward to your compliance and support of our law enforcement mission.

Sincerely,
(signed)

John J. Smietana, Jr.
Chief Patrol Agent

cc: Asset Forfeiture Office
A. U.S.A. James J. Miller, Jr.


The above only leaves Fred and a lot of us wondering what in the world is going on. How is this achieving the Border Patrol's stated goal to, "work with all persons who live along the border in a peaceful and cooperative manner"? Gj

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