Sinisa Djurdjic v. United States

I. Whether the Srpska Demokratska Stranka (SDS), predecessor to the Republika Srpska and one side of the entire Bosnian War at the time of the war’s outbreak in 1992, was a state actor, a question with enormous ramifications, both nationally and internationally and a question which, for obvious reasons, the Government never argued against, at trial, through expert testimony or on appeal. II. Where very first document in Mr. Djurdjic’s A-file, provided by Mr. Djurdjic at his November 22, 1999, Refugee Status Interview, states that Mr. Djurdjic was captured by Muslim forces while armed and fighting, during combat operations, on the SDS (Serb) side of the Bosnian Civil War, whether there is sufficient evidence to support Count 1, which charges Mr. Djurdjic with “omitting his his service in the uniformed services of the Bosnian Serb Government,” especially given that this information was clearly known to the U.S. Government as it was included in Mr. Djurdjic’s A-file and could not be said to have been a “material” omission in the sense that it “would have mattered to an immigration official” had it been known since it clearly was known, and whether there is sufficient evidence to support Counts 2 and 3 of the indictment which both include, among fifteen or so alternative bases, the same language from Count 1 alleging that Mr. Djurdjic, “… did not report his service in the uniformed services of the Bosnian Serb government.” The jury, having decided that same language against Mr. Djurdjic in Count 1 of the indictment (18 U.S.C. § 1546(a) – Visa Fraud), certainly decided that same language against Mr. Djurdjic in Counts 2 and 3 of the indictment (18 U.S.C. § 1425 – Unlawful Procurement of Citizenship or Naturalization).