US Green card holder jailed over 'serious abuse' of Irish passport at Shannon Airport

A JUDGE has imposed a two month prison sentence on a US green card holder for falsely using an Irish passport in a bid to gain entry for a child to the United States.

At Ennis District Court this Wednesday, Judge Alec Gabbett imposed the prison term on Sergiu Cristian Lingurar, aged 25, of 6808 Freshpond, Ridgewood, New York.

The court heard he had presented the legitimate Irish passport at the US Customs and Border Protection (CBP) facility at Shannon Airport on July 24 in order to secure entry to the US for the Romanian boy.

Judge Gabbett said that what occurred “was a serious abuse of an Irish passport”.

Detective Sergeant Kevin O'Hagan said that the Irish passport was for another male teenager and the CBP staff did not allow Mr Lingurar through with the boy when the photo on the passport did not match the face of the boy.

Judge Gabbett said that the incident would have initially given rise to 'human trafficking' concerns and Det O’Hagan said that Mr Lingurar’s offence “shouldn’t be overblown and it might have been at the start”.

The detective told the court there was "nothing sinister" in the case

Counsel for Mr Lingurar, Conn McMahon BL said his client “is not a human trafficker" and Judge Gabbett said he accepted that was the case.

Mr McMahon said Mr Lingurar had shown great naivety in committing the offence under the provisions of the Passport Act adding that his client had embarked “on a misguided good deed to re-unite this child with his parents” who live in the  US.

The barrister said the child had been living with a grand-parent in the UK who had become ill.

He told the court his client - who has lived in the US for the past 14 years - did not try to bring the boy into the US for money.

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Mr McMahon said that Mr Lingurar is a married man with two children in the US and is anxious to get home to the US to see them as his bail conditions have meant that he has remained in Ireland since getting out of prison.

The defendant, who spent four weeks in prison on remand earlier this year, has no previous convictions either in his native Romania or in the US.

Mr McMahon said that his client has relied on his family on financial assistance while living in Cork while on bail.

Detective O’Hagan said that garda are satisfied that Mr Lingurar came to Ireland to bring the child over to the US to be with his family.

He added that he was to be paid €500 by a friend who was also a parent of the boy.

The detective said that gardai are also satisfied that Mr Linguarar knew that the boy had no rights to enter the US and he would be doing so by using a passport that was not his. 

Detective O'Hagan said that Mr Lingurar may face problems getting back into the US now because of the offence.

Along with the two month prison term, which was back-dated to July 25,, Judge Gabbett imposed a fine of €500.