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Justice News

Department of Justice
U.S. Attorney’s Office
Middle District of Pennsylvania

FOR IMMEDIATE RELEASE
Thursday, February 2, 2017

Five Previously Deported Aliens Charged With Illegal Re-Entry

HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five previously deported aliens were indicted separately on February 1, 2017, by a federal grand jury in Harrisburg on illegal re-entry charges.

 

According to United States Attorney Bruce D. Brandler, Jose Martinez-Rojas, age 36, of Mexico, was previously deported from the United States to Mexico in April 2007. He is alleged to have illegally re-entered the United States sometime after April 2007, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.

 

Jorge Cervantes-Gomez, age 31, of Mexico, was previously deported from the United States to Mexico in February 2005. He is alleged to have illegally re-entered the United States sometime after February 2005, and was found in the United States in Cumberland County after eluding examination or inspection by immigration officers.

 

The maximum penalty under federal law for Martinez-Rojas and Cervantes-Gomez’s offenses are two years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

Francisco Cervantes-Guizar, age 38, of Mexico, was previously deported from the United States to Mexico in October 2006. He is alleged to have illegally re-entered the United States sometime after October 2006 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2006, he was convicted before the United States District Court for the Middle District of Pennsylvania of false statement in a United States Passport Application, an offense which subjects him to enhanced penalties in the current case.

 

Luis Alberto Silva-Saldana, age 24, of Mexico, was previously deported from the United States to Mexico in July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2014, he was convicted in the Berks County Court of Common Pleas of fleeing or attempting to elude a police officer, an offense which subjects him to enhanced penalties in the current case.

 

Abel Salazar-Diaz, age 40, of Mexico, was previously deported from the United States to Mexico in August 2010. He is alleged to have illegally re-entered the United States sometime after August 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers. In 2010, he was convicted in the Southern District of Texas of illegal re-entry, an offense which subjects him to enhanced penalties in the current case.

 

The maximum penalty under federal law for Cervantes-Guizar, Silva-Saldana, and Salazar-Diaz’s offenses are ten years of imprisonment, a term of supervised release following imprisonment, and a fine.

 

The cases were investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.

 

Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.

 

A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.

 

Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.

 

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Topic(s): 
Immigration
Updated February 2, 2017