Grand Jury Returns Indictment Charging Felon with Illegal Reentry

ALEXANDRIA, Va. – A federal grand jury returned an indictment today charging an El Salvadorian man with illegally reentry into the United States.

According to allegations in the indictment, Jose Amilcar De Leon Garcia, 44, was found in the United States on or about July 5, 2016, after having been removed on two separate occasions, and without having obtained the express consent of the Attorney General or the Secretary of Homeland Security to reapply for admission to the United States.

De Leon Garcia, a native and citizen of El Salvador, was removed from the United States in November 2012 and again in July 2014. On or about July 5, 2016, U.S. Immigration and Customs Enforcement became aware of his presence in the United States when De Leon Garcia was charged in Fairfax County for felony assault and battery on a police officer, an offense for which he was convicted on February 7.

De Leon Garcia has been charged with illegal reentry and faces a maximum penalty of 2 years in prison if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Russell Hott, Acting Director of U.S. Immigration and Customs Enforcement’s Washington, D.C. Enforcement and Removal Operations Field Office, made the announcement. Special Assistant U.S. Attorney Rebecca A. Caruso is prosecuting the case.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-142.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.