Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Case Number: 2:19-cr-00283-PD
Judge: Paul S. Diamond
Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)
Plaintiff's Attorney: Mary E. Carawley
Description: Philadelphia, PA - The United States of America charged Milton Mateo Garcia-Vasquez with illegal re-entry after deportation.
Milton Mateo Garcia-Vasquez, 32, of Philadelphia, PA and a citizen of Honduras, was sentenced to the statutory maximum of 24 months’ imprisonment by United States District Court Judge Paul S. Diamond for unlawfully re-entering the United States after being deported.
Garcia-Vasquez pleaded guilty to illegal re-entry after deportation in August 2019. The defendant was previously deported and removed from the United States on June 18, 2013, and never requested or received authorization to re-enter the country. Nonetheless, he broke the law by re-entering the country and then proceeded to brutally rape a young woman near Rittenhouse Square in Philadelphia. The defendant grabbed the young woman from behind while she was walking back to her apartment, pushed her into the apartment and sexually assaulted her. He then left, but soon returned to the apartment and sexually assaulted the victim a second time. Garcia-Vasquez was arrested on June 23, 2014 by Philadelphia Police and charged with burglary, kidnapping and rape. He pleaded guilty to those charges in 2015 and was sentenced to a total of 22-44 years in state prison.
“Responsible public policy involves protecting public safety by setting up incentives for people to follow the law. Sanctuary city polices do just the opposite by incentivizing illegal aliens to come to sanctuary jurisdictions, like Philadelphia, where they are led to believe that our nation’s immigration laws will not apply to them,” said U.S. Attorney McSwain. “A natural consequence of this policymaking is that illegal aliens are drawn to Philadelphia, where some of them commit heinous crimes that never would have occurred if they weren’t here in the first place. This is a terrible tragedy for the innocent victims of such crimes. But it is also a tragedy for our justice system because it normalizes the unfair and un-American idea that the rule of law should not apply to a certain segment of society -- namely, illegal aliens. Anyone who cares about the rule of law or equal treatment under the law should find sanctuary city policies utterly repugnant. We at the U.S. Attorney’s Office will continue to enforce the rule of law in a neutral, non-partisan manner, rather than playing favorites.”
The case was investigated by the Department of Homeland Security – Immigration and Customs Enforcement.
Reentry after deportation in violation of 8 U.S.C. 1326, which provides:
(a) In general
Subject 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 aliens
Notwithstanding 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 order
In 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: Minute Entry for proceedings held before HONORABLE PAUL S. DIAMOND in Courtroom 14A: Sentencing held on 1/9/2020 for MILTON MATEO GARCIA-VASQUEZ (1), Count(s) 1, IMPRISONMENT: 24 MONTHS; SPECIAL ASSESSMENT: $100. Court Reporter: ESR. (ems) (Entered: 01/13/2020)