Honduran Man in U.S. Illegally is Charged With Gun Possession

PHILADELPHIA – United States Attorney David Metcalf announced that Marvin Enrique Pena-Portillo, 38, a Honduran national unlawfully residing in Philadelphia, Pennsylvania, was arrested and charged by criminal complaint with possession of a firearm by a felon. He was ordered detained in federal custody at a detention hearing this afternoon.

The criminal complaint alleges that, on April 15, 2025, when Immigration and Customs Enforcement (ICE) and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents arrested the defendant for immigration violations, Pena-Portillo had a loaded 9 mm semiautomatic pistol in his waistband.

In August of 2024, in the Philadelphia Court of Common Pleas, Pena-Portillo pleaded guilty to carrying an illegal firearm in public and was sentenced to two years of probation for that offense.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.

The case was investigated by ICE Enforcement and Removal Operations and the ATF.

The charges and allegations contained in the criminal complaint are merely accusations. Every defendant is presumed to be innocent unless and until proven guilty in court.