Guatemalan National Charged with Forcibly Assaulting Federal Officers During Immigration Arrest

BOSTON – A Guatemalan national unlawfully residing in Marlborough, Mass. has been charged with assaulting multiple federal officers during an immigration arrest.

Guido Andres Cuellar Batres, 24, was charged with one count of forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in the performance of official duties. The defendant is currently in ICE custody and will appear in federal court in Boston at a later date.

According to the charging documents, Cuellar had overstayed his non-immigrant visa by more than four years and, as a result, there was an outstanding immigration warrant for his arrest. It is alleged that at approximately 9:45 a.m. on May 4, 2025, four federal officers – three Immigration and Customs Enforcement officers and a Drug Enforcement Administration agent – set up surveillance in a parking lot in Marlborough. There, a vehicle was observed entering the parking lot, with Cuellar sitting in the front passenger seat. It is alleged that the officers – wearing outer garments identifying themselves as law enforcement – approached the vehicle and ordered Cuellar, in both English and Spanish, to step out of the car. Cuellar allegedly refused. The officers then allegedly instructed Cuellar and the driver to unlock the vehicle, but they did not do so. It is alleged that after being instructed by the officers to keep his hands visible, Cuellar reached down in the front passenger seat such that the officers lost sight of his hands – raising concern that he might be reaching for a weapon. Given this concern and the refusals to comply with orders, the officers broke the rear passenger side window, through which they gained entry and unlocked the front passenger door.

It is alleged that, upon being removed from the vehicle, Cuellar forcibly resisted officer efforts to bring his arms behind his back for handcuffing. It is further alleged that, Cuellar bit one of the officers in the wrist, attempted to bite another officer in the leg and struck an officer in the head multiple times, among other acts. According to the charging documents, the officers ultimately handcuffed Cuellar and applied leg restraints. During this process, it is alleged that Cuellar continued to forcibly resist including, among other things, by kicking at the officers.

Additionally, it is alleged that while officers attempted to secure Cuellar in rear seat of their vehicle, Cuellar jumped numerous times to prevent being put in the vehicle. As a result, one of the officers entered the opposite side of the vehicle to pull Cuellar into the rear seat. As the officer took hold of Cuellar, the defendant allegedly head-butted the officer and spat directly into the officer’s face and eyes.

The charge of forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in the performance of official duties provides for a sentence of up to eight years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Leah B. Foley; Patricia H. Hyde, Field Office Director of U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston; and Stephen Belleau, Acting Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Assistant U.S. Attorney Robert E. Richardson of the Major Crimes Unit is prosecuting the case.

The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.