ERO New York City arrests twice-removed Mexican felon, member of South American theft group

NEW YORK — On April 8, Enforcement and Removal Operations (ERO) New York City arrested an unlawfully present citizen of Mexico and legal resident of Colombia upon his release from the U.S. Bureau of Prisons Metropolitan Detention Center in Brooklyn. The U.S. District Court for the Eastern District of New York convicted him of illegal reentry after previously being removed from the United States as an aggravated felon March 20 and sentenced him to 18 months of imprisonment. The noncitizen is a member of a South American theft group.

Upon his arrest, ERO New York City served the 40-year-old noncitizen a notice of intent/decision to reinstate prior order, pursuant to the Immigration and Nationality Act. He will remain in custody pending removal proceedings.

“For nearly 25 years, this twice-removed noncitizen has repeatedly violated our state and federal laws,” said ERO New York City Field Office Director Kenneth Genalo. “Those who show such a contempt for the laws of the United States do not deserve to live in the United States, so we will effect his removal at the earliest opportunity.”

In August 1996, the Immigration and Naturalization Service admitted the noncitizen to the United States in New York as a nonimmigrant visitor for pleasure with authorization to remain in the United States for a temporary period not to exceed one year. The noncitizen violated the terms of his admission.

On Oct. 7, 2000, the NYPD arrested the noncitizen for jostling hand near pocket and unlawful possession of marijuana. The New York Criminal Court convicted him of jostling hand near pocket Jan. 24, 2001, and sentenced him to a conditional discharge and 10 days of community service. On May 8, 2001, the New York Criminal Court resentenced him to 30 days of confinement.

On April 11, 2003, the NYPD arrested the noncitizen for attempted burglary in the third degree and possession of burglar tools. The Queens County Supreme Court convicted him of felony attempted burglary in the second degree on May 21, 2003, and sentenced him to 90 days of confinement and five years of probation.

On Aug. 18, 2004, the NYPD arrested the noncitizen using an alias for attempted burglary in the second degree, criminal mischief, and possession of burglar tools. On Nov. 3 of the same year, the Queens County Supreme Court convicted him of felony attempted burglary in the third degree and on Nov. 23, sentenced him to 18 months to three years of confinement. ERO New York City lodged an immigration detainer against him with the Ulster County Correctional Facility on Dec. 13, 2004, and on Feb. 23, 2005, served him with a notice to appear ordering him to attend immigration removal proceedings.

On March 31, 2005, an immigration judge in ordered the noncitizen removed to Colombia. On July 25, 2005, the Ulster County Correctional Facility released the noncitizen to ERO New York City’s custody and on Aug. 29, ERO New Orleans removed him from the United States to Colombia.

On March 3, 2013, the U.S. Border Patrol arrested the noncitizen in Falfurrias, Texas, for illegal reentry into the United States after removal as an aggravated felon. U.S. Border Patrol served him with a notice of intent/decision to reinstate prior order. A judge in the U.S. District Court for the Southern District of Texas convicted the noncitizen April 9, 2013, for the offense illegal reentry into the United States after removal as an aggravated felon. On July 9, 2013, he was sentenced to 12 months of confinement with no supervised release. On Feb. 28, 2014, the U.S. Bureau of Prisons released him into ERO Harlingen’s custody, and on March 12, 2014, ERO Harlingen removed him from the United States to Mexico.

At an unknown time and unknown location, the noncitizen reentered the United States without inspection, parole or admission by an immigration official.

On March 22, 2022, the Nassau County Police Department arrested the noncitizen and charged him with burglary in the second degree and offering a false instrument for filing in the first degree: intent to defraud. At the time of his arrest, the noncitizen produced a New York State driver's license that was illegally obtained under a false name. The next day, the First District Court in Nassau County remanded him to the Nassau County Correctional Center’s custody with a $50,000 bond or $25,000 bail. ERO New York City lodged an immigration detainer with the Nassau County Correctional Center the same day.

Also on March 23, 2022, a U.S. magistrate judge in the U.S. District Court for the Eastern District of New York issued an arrest warrant for the noncitizen for the offense of illegal reentry. ERO New York City arrested him June 7, 2022, pursuant to a writ of habeas corpus and arrest warrant from the Eastern District of New York.

As one of ICE’s three operational directorates, ERO is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO’s mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency’s detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal. ERO’s workforce consists of more than 7,700 law enforcement and non-law enforcement support personnel across 25 domestic field offices and 208 locations nationwide, 30 overseas postings, and multiple temporary duty travel assignments along the border.

Members of the public can report crimes and suspicious activity by dialing 866-347-2423 or completing ICE’s online tip form.

Learn more about ERO New York City’s mission to preserve public safety on X, formerly known as Twitter, at @ERONewYork.

Source: U.S. Immigration and Customs Enforcement (ICE.gov)