Ciro Alvarez-hernandez Arraigned and Pleads Guilty in U.S. Federal Cour
The United States Attorney's Office announced that during a federal court session in Billings on December 9, 2010, before Chief U.S. District Judge Richard F. Cebull, CIRO ALVAREZ-HERNANDEZ, a 21-year-old citizen of Mexico, was arraigned and pled guilty to illegal re-entry. Sentencing is set for January 25, 2011. He is currently detained.
In an Offer of Proof filed by Assistant U.S. Attorney Marcia K. Hurd, the government stated it would have proved at trial the following:
On October 15, 2010, ALVAREZ-HERNANDEZ was encountered in Billings by a Billings Police officer. Suspecting ALVAREZ-HERNANDEZ was a potential illegal immigrant, the officer contacted U.S. Homeland Security Investigations agents. When asked by an agent as to his citizenship, ALVAREZ-HERNANDEZ admitted to being a citizen and national of Mexico illegally present in the United States.
A search of Immigration Records and a fingerprint comparison revealed that ALVAREZ-HERNANDEZ's last removal from the United States was on December 2, 2009, through the Nogales Arizona Port of Entry.
When questioned further, ALVAREZ-HERNANDEZ admitted to having been previously removed from the United States and that he had never applied to the Secretary of Homeland Security to reenter the United States.
Further review of Immigration Records found no evidence that ALVAREZ-HERNANDEZ had received permission from the Attorney General or the Secretary of Homeland Security to reenter the United States after having been removed.
ALVAREZ-HERNANDEZ faces possible penalties of 2 years in prison, a $250,000 fine and 1 year supervised release.
The investigation was a cooperative effort between the Billings Police Department and U.S. Homeland Security Investigations.
A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.