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Date: 09-24-2019
Case Style:
United States of America v. Eliezer Ramos-Arriola, a.k.a. Francisco Gaitan-Arreola, a.k.a. Francisco Gaitan Arreola
Case Number: 7:19-cr-00051-EKD
Judge: Elizabeth K. Dillon
Court: United States District Court for the Western District of Virginia (Roanoke County)
Plaintiff's Attorney: Charlene R. Day
Defendant's Attorney:
Call 888-354-4529 if you need help finding a illegal re-entry criminal lawyer in Roanoke, Virginia.
Description:
Roanoke, VA - Mexican National Pleads Guilty to Illegal Reentry, Transporting Illegal Aliens
An illegal alien from Mexico, who was removed from the United States on April 2, 2018 and reentered the country without permission, pleaded guilty in U.S. District Court in Roanoke to illegally reentering the United States without permission and transporting illegal aliens.
Eliezer Ramos-Arriola, a.k.a. Francisco Gaitan-Arreola, a.k.a. Francisco Gaitan Arreola, a Citizen of Mexico, waived his right to be indicted and pleaded guilty today to an Information.
“Human smuggling – particularly when it involves unaccompanied children – is a serious federal crime,” U.S. Attorney Cullen stated today. “I appreciate the commitment and hard work of our partners at the Department of Homeland Security in investigating this case and other criminal violations of our immigration laws.”
“Individuals cannot expect to repeatedly flout our immigration laws without consequence,” said Lyle Boelens, acting field office director of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Washington, D.C. “This individual had already been afforded due process in our nation’s immigration courts and not only again defied our laws but facilitated the illegal entry of countless others.”
“As the lead federal agency investigating alien smuggling, HSI is committed to employing the full range of our unique law enforcement authorities and techniques,” said Raymond Villanueva, special agent in charge of ICE Homeland Security Investigations (HSI) Washington, D.C. “Human life may not be treated like a commodity.”
According to court documents, Ramos-Arriola is a citizen of Mexico who was removed on April 2, 2018 from El Paso, Texas. The defendant never sought nor obtained authorization to reapply for admission into the United States.
However, On April 4, 2019, Ramos-Arriola was the driver of a vehicle stopped by law enforcement in Christiansburg, Virginia. Inside the vehicle, officers located seven illegal aliens, consisting of six adult males and one, unaccompanied, minor female. These individuals were citizens of Mexico and Honduras and not authorized to be in the United States.
In exchange for assistance in illegally crossing into the United States, Ramos-Arriola had agreed to work for a smuggling service to transport passengers to various locations throughout the United States, including within the Western District of Virginia. The defendant picked-up the seven passengers in Phoenix, Arizona and was paid $600 to feed the passengers and to pay for fuel. In addition, the mother of the juvenile female entered into an agreement with the smuggling service to pay an additional $4,000 to the driver who delivered her daughter to the Western District of Virginia.
The investigation of the case was conducted by the U.S. Immigration and Customs Enforcement, Virginia State Police, and Montgomery County Sheriff’s Office.
Charge:
8:1326A.F - REENTRY OF DEPORTED ALIENS - 4/4/19
(1)
8:1326A.F - REENTRY OF DEPORTED ALIENS - 8:1326(a) - (4/4/2019)
(1s)
8:1324.F - BRINGING IN AND HARBORING ALIENS - 8:1324(a)(1)(A)(ii) - (4/4/2019)
(2s)
§1326. Reentry of removed aliens
(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: 09/17/2019 25 INFORMATION as to Eliezer Ramos-Arriola (1) counts 1s, 2s. Arraignment set for 9/17/2019 09:30 AM in Roanoke before Judge Elizabeth K. Dillon. (bwd)
09/17/2019 27 WAIVER OF INDICTMENT by Eliezer Ramos-Arriola (bwd)
09/17/2019 28 Minute Entry for proceedings held before Judge Elizabeth K. Dillon:Arraignment as to Eliezer Ramos-Arriola (1) Counts 1s,2s held on 9/17/2019. Defendant remanded to Custody. (Court Reporter: J. Webb) (bwd)
09/17/2019 29 Minute Entry for proceedings held before Judge Elizabeth K. Dillon:Guilty Plea Hearing as to Eliezer Ramos-Arriola held on 9/17/2019 Plea entered by Eliezer Ramos-Arriola (1) Guilty Counts 1s,2s. Defendant remanded to Custody. (Court Reporter: J. Webb) (bwd)
09/17/2019 30 PLEA AGREEMENT as to Eliezer Ramos-Arriola. (bwd)
09/17/2019 31 Factual Basis as to Eliezer Ramos-Arriola. (bwd)
09/17/2019 32 Guilty Plea Form as to Eliezer Ramos-Arriola. (bwd)
09/17/2019 33 NOTICE OF HEARING as to Eliezer Ramos-Arriola (CUSTODY) (CR) (No Interpreter requested) ; Sentencing set for 1/9/2020 01:30 PM in Roanoke before Judge Elizabeth K. Dillon. NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible. (bwd)
09/17/2019 34 Judge Dillon Sentencing Scheduling Order as to Eliezer Ramos-Arriola; Responses due by 1/2/2020. Signed by Judge Elizabeth K. Dillon on 9/17/2019. (bwd)
Plaintiff's Experts:
Defendant's Experts:
Comments: