Narrative:

On descent to san, level at 14000 ft, traffic was called at 10 O'clock, leveling at 13000 ft. We got visual on the B727. I watched the TCASII for the leveloff at 13000 ft. He kept climbing. I turned left to go behind him. After this, we got an RA to climb. We climbed per the TCASII. The B727 passed to the right side and went off the TCASII, showing 300 ft and about 1/2 mi. ATC was told about the RA and the B727 not leveling. There was a lot of radio conversation in spanish. The controller said there was a misunderstanding with the pilot. It was good we were VFR otherwise the TCASII would have given us even less time to react.

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Original NASA ASRS Text

Title: A UNITED STATES ACR DODGES A FOREIGN B727 WHICH HAD CLBED ABOVE ITS ASSIGNED ALT SE OF TIJ, FO.

Narrative: ON DSCNT TO SAN, LEVEL AT 14000 FT, TFC WAS CALLED AT 10 O'CLOCK, LEVELING AT 13000 FT. WE GOT VISUAL ON THE B727. I WATCHED THE TCASII FOR THE LEVELOFF AT 13000 FT. HE KEPT CLBING. I TURNED L TO GO BEHIND HIM. AFTER THIS, WE GOT AN RA TO CLB. WE CLBED PER THE TCASII. THE B727 PASSED TO THE R SIDE AND WENT OFF THE TCASII, SHOWING 300 FT AND ABOUT 1/2 MI. ATC WAS TOLD ABOUT THE RA AND THE B727 NOT LEVELING. THERE WAS A LOT OF RADIO CONVERSATION IN SPANISH. THE CTLR SAID THERE WAS A MISUNDERSTANDING WITH THE PLT. IT WAS GOOD WE WERE VFR OTHERWISE THE TCASII WOULD HAVE GIVEN US EVEN LESS TIME TO REACT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.