Niche News

Guatemalan National Indicted for Illegal Reentry After Multiple Deportations

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Key takeaways

  • Defendant: Bayron Leopoldo Perez Batres, 63, resident of Beltsville, Maryland, made initial appearance in U.S. federal court in the District of Maryland.
  • Charges: Indicted for illegal reentry by a previously deported alien after three prior removals (Jan 1996, Sep 2009, May 2010).
  • Allegation: He reentered without consent from the Attorney General or the Secretary of Homeland Security to reapply for admission.
  • Potential penalty: Up to 2 years in prison, 1 year supervised release, and a fine up to $250,000; final sentence determined by a federal judge under the U.S. Sentencing Guidelines.
  • Investigation and prosecution: Investigated by DHS Homeland Security Investigations (HSI); prosecuted by Trial Attorneys Matthew Thiman and Sean F. Mulryne (HRSP) and AUSA LaShanta Harris (District of Maryland).
  • Coordination: The investigation and indictment were coordinated and prosecuted by Joint Task Force Alpha (JTFA), which targets cartel- and TCO-related human smuggling and trafficking.

Follow Up Questions

What is Joint Task Force Alpha (JTFA) and what kinds of cases does it handle?Expand

Joint Task Force Alpha (JTFA) is a Justice Department–Department of Homeland Security task force created in June 2021 to strengthen U.S. enforcement against human smuggling originating in Central America. It coordinates investigations and prosecutions targeting the most prolific and dangerous human smuggling and trafficking networks operating in Mexico and the “Northern Triangle” (Guatemala, Honduras, El Salvador), and its mission has been expanded to Colombia and Panama. JTFA focuses on cartel‑ and transnational‑criminal‑organization‑linked networks that endanger, abuse, or exploit migrants, present national‑security risks, or are involved in other serious transnational organized crime, and it helps coordinate indictments, extraditions, and related cases across multiple U.S. Attorney’s Offices.

What federal statute defines "illegal reentry by a previously deported alien" and what factors influence sentencing?Expand

The crime of “illegal reentry by a previously deported alien” is defined in 8 U.S.C. § 1326, titled “Reentry of removed aliens.” It makes it a felony for a non‑citizen who has been denied admission, deported, excluded, or removed to enter, attempt to enter, or be found in the United States without the required consent of the Attorney General or Secretary of Homeland Security. The basic statutory maximum is up to 2 years in prison (§1326(a)), but it increases to up to 10 years if the person was removed after certain non‑aggravated felonies or multiple serious misdemeanors, and up to 20 years if they were removed after an aggravated felony (§1326(b)). Within those caps, judges sentence under the U.S. Sentencing Guidelines (especially Guideline §2L1.2 on unlawful reentry, which looks closely at prior convictions and removal history) and must also consider the general sentencing factors in 18 U.S.C. § 3553(a), such as the nature and circumstances of the offense, the defendant’s history and characteristics, deterrence, public safety, and the advisory guideline range.

In immigration terms, what does it mean to have been "removed" and how is that process documented?Expand

In immigration law, to have been “removed” means that the government has completed a formal legal process and issued a final order requiring a non‑citizen to be deported from the United States under the Immigration and Nationality Act. This can occur through: (1) full removal proceedings in immigration court before an immigration judge, or (2) summary processes such as “expedited removal” or “reinstatement of removal” carried out by Department of Homeland Security (DHS) officers at or near the border. Once the order becomes final and is executed, U.S. Immigration and Customs Enforcement (ICE) physically removes the person from the country. The process is documented in the person’s immigration (A‑) file and in DHS/EOIR databases using documents such as: a Notice to Appear initiating proceedings; the written removal order; and a Form I‑205 “Warrant of Removal/Deportation,” which records execution of a final administrative removal order as described in 8 C.F.R. § 241.2.

What does it mean to receive consent from the Attorney General or Secretary of Homeland Security to reapply for admission?Expand

After someone has been deported or removed, U.S. law (INA § 212(a)(9)(A) and (C)) usually bars them from being admitted again for a number of years or, in some cases, permanently. To lawfully return despite that bar, they must obtain formal “consent to reapply for admission” from the U.S. government (historically the Attorney General, now the Secretary of Homeland Security). In practice, this consent is normally requested by filing Form I‑212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal, with U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), or a consulate. Approval of the I‑212 waives the reentry bar so the person can again be considered for a visa or admission. If they return or attempt to return without this consent, they remain inadmissible and can be prosecuted for illegal reentry under 8 U.S.C. § 1326.

What is Homeland Security Investigations (HSI) and what role does it play in immigration-related criminal cases?Expand

Homeland Security Investigations (HSI) is the principal investigative arm of U.S. Immigration and Customs Enforcement (ICE) within the Department of Homeland Security. HSI is described by DHS as a “premier federal law enforcement agency” that conducts criminal investigations into the illegal movement of people, goods, money, contraband, weapons, and sensitive technology into, out of, and within the United States. Its work includes cases involving human smuggling and trafficking, child exploitation, drug and weapons smuggling, financial and cyber crime, and export‑control violations. In immigration‑related criminal cases, HSI special agents typically identify suspects (such as individuals who reenter after removal or smuggling organizations), gather evidence, conduct arrests, and then work with the Department of Justice and U.S. Attorney’s Offices to support federal prosecutions.

What is the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and what types of prosecutions does it lead?Expand

The Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) is a specialized unit within the U.S. Department of Justice. DOJ describes HRSP as protecting “the American public and U.S. interests by investigating and prosecuting” complex international immigration, violent‑crime, and other victim‑centered cases over which the United States has jurisdiction, particularly against leaders and members of criminal networks and cartels. In its human‑rights role, HRSP investigates and prosecutes perpetrators of genocide, torture, war crimes, and the recruitment or use of child soldiers, as well as related immigration and naturalization fraud used to conceal those abuses. The section often leads or co‑leads prosecutions where serious human‑rights violations or cross‑border violent crimes are connected to the United States, and it provides expertise and coordination for initiatives such as Joint Task Force Alpha.

After an indictment like this, what are the typical next steps and timeline before a possible trial or sentencing?Expand

After a federal indictment and an initial appearance like the one described, the usual sequence in a federal criminal case is: (1) Arraignment, where the defendant is informed of the charges and enters a plea (often combined with the initial appearance in simpler cases). (2) A detention/bail hearing, where the judge decides whether the defendant will be held or released pending trial. (3) A pretrial phase of discovery and motions, during which the prosecution and defense exchange evidence, file legal motions (for example, to suppress evidence), and negotiate a possible plea agreement. (4) Either a change‑of‑plea hearing (if the defendant pleads guilty) or a trial before a jury (or, if waived, a bench trial). (5) If there is a conviction by plea or trial, a separate sentencing hearing at which the court calculates the advisory Sentencing Guidelines range and applies the 18 U.S.C. § 3553(a) factors. The timeline depends on the court’s docket and the complexity of the case, but a straightforward immigration case like illegal reentry often resolves—by plea or trial and sentencing—within several months to about a year after indictment, absent unusual delays.

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