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Date: 05-17-2023
Case Style:
Case Number: 1:22-cr-10263
Judge: Angel Kelley
Court: United States District Court for the District of Massachusetts (Suffolk County)
Plaintiff's Attorney: United States Attorney’s Office in Boston
Defendant's Attorney:
Description: Boston, Massachusetts criminal defense lawyer represented Defendant charged with illegally reentering the United States after deportation.
Carmen Jimenez-Cruz, 42, reentered the United States after being deported.
In May 2013, Jimenez-Cruz was encountered by federal immigration authorities after he illegally crossed the Mexican border into Texas without being admitted by an immigration officer. He was removed from the United States in June 2013. One month after his removal, Jimenez-Cruz illegally reentered the United States and, in July 2013, he was again encountered by federal immigration authorities in Texas after having entered the United States without inspection. He was removed from the United States shortly thereafter in July 2013.
On an unknown date and place, Jimenez-Cruz illegally reentered the United States again. In April 2019, federal immigration authorities located Jimenez-Cruz at the Middlesex County House of Correction where he was being held pretrial on unrelated state charges. According to court records, in May 2022, Jimenez-Cruz was convicted of strangulation/suffocation and assault and battery on a family/household member and was sentenced to an 11-month split sentence followed by probation until May 2023. Upon completion of his sentence, Jimenez-Cruz was released from state prison.
Jimenez-Cruz was later located in September 2022 after being identified as a passenger during a motor vehicle stop in Framingham. Jimenez-Cruz was taken into custody and fingerprints obtained during his booking process were confirmed as an identical match to a prior removal verification document.
United States Attorney Rachael S. Rollins; Todd Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; and Framingham Police Chief Lester Baker made the announcement. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Rollins’ Major Crimes Unit is prosecuted the case.
8:1326 - UNLAWFUL REENTRY OF DEPORTED ALIEN
(a) In generalSubject to subsection (b), any alien who—
(1) has been denied admission, excluded, deported, or removed or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter
(2) enters, attempts to enter, or is at any time found in, the United States, unless (A) prior to his reembarkation at a place outside the United States or his application for admission from foreign contiguous territory, the Attorney General has expressly consented to such alien’s reapplying for admission; or (B) with respect to an alien previously denied admission and removed, unless such alien shall establish that he was not required to obtain such advance consent under this chapter or any prior Act,
shall be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Criminal penalties for reentry of certain removed aliensNotwithstanding subsection (a), in the case of any alien described in such subsection—
(1) whose removal was subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), such alien shall be fined under title 18, imprisoned not more than 10 years, or both;
(2) whose removal was subsequent to a conviction for commission of an aggravated felony, such alien shall be fined under such title, imprisoned not more than 20 years, or both;
(3) who has been excluded from the United States pursuant to section 1225(c) of this title because the alien was excludable under section 1182(a)(3)(B) of this title or who has been removed from the United States pursuant to the provisions of subchapter V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18 and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.[1] or
(4) who was removed from the United States pursuant to section 1231(a)(4)(B) of this title who thereafter, without the permission of the Attorney General, enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be fined under title 18, imprisoned for not more than 10 years, or both.
For the purposes of this subsection, the term “removal” includes any agreement in which an alien stipulates to removal during (or not during) a criminal trial under either Federal or State law.
(c) Reentry of alien deported prior to completion of term of imprisonment
Any alien deported pursuant to section 1252(h)(2) [2] of this title who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.
(d) Limitation on collateral attack on underlying deportation orderIn a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that—
(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;
(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and
(3) the entry of the order was fundamentally unfair.
Outcome: The Court imposed a term of imprisonment of of 12 months and 1 day which includes the continuous period the defendant has served in ICE and federal custody from September 6, 2022. The Court further imposed 1 year of supervised release, standard and special conditions, and a $100 special assessment fee. No fine was imposed. The Court advised Defendant of appellate rights. Defendant was remanded to the custody of the U.S. Marshal.
Plaintiff's Experts:
Defendant's Experts:
Comments: