UNITED STATES ATTORNEY ALICE H. MARTIN NORTHERN DISTRICT OF ALABAMA
	FOR IMMEDIATE RELEASE			CONTACT: KAREN NARAMORE
	APRIL 1, 2009			PHONE: (205) 244-2001
	www.usdoj.gov/usao/aln			FAX: (205) 244-2171

MEXICAN ALIEN  CHARGED FOR ILLEGALLY RE-ENTERING THE UNITED STATES FIVE TIMES

            BIRMINGHAM, AL - JOEL ARTURO PENA-BURGUENO, 28, of Mexico, was charged in a one-count indictment filed today at U. S. District Court in Birmingham. United States Attorney Alice H. Martin and Philip Miller, New Orleans Acting Field Office Director for the Office of Detention and Removal announce that PENA-BURGUENO has been indicted for Re-entry into the United States after having been deported.

            Count 1 of the Indictment charges PENA-BURGUENO, with re-entering the United States on March 20, 2009, without having received the permission of the U.S. Attorney General of the United States or the Secretary of Homeland Security.  PENA-BURGUENO had been previously deported on (1) June 21, 2001, at Calexico, California, (2) July 09, 2002, at El Paso, Texas, (3) May 20, 2005, at New Orleans, Louisiana, (4) June 14, 2006, at Hidalgo, Texas, and (5) October 22, 2007, at New Orleans, Louisiana.

            The maximum sentence for re-entry into the country after deportation without permission by an alien is not more than 2 years imprisonment and a fine of $250,000.

            “The prosecution of alien felons who reenter the U.S. without proper permission will be given top priority in this office,” stated U.S. Attorney Alice H. Martin. 

            Immigrations Enforcement Agents of the Bureau of Immigration and Customs Enforcement worked this case.  Assistant United States Attorney Frank M. Salter is prosecuting the matter on behalf of the United States.

            Members of the public are reminded that the indictment contains only charges.  A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.

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