Guatemalan Man Sentenced to Prison for Illegally Reentering the United States After Being Deported

A man who had been deported, illegally returned to the United States, and then used someone else’s social security number to obtain employment was sentenced today to more than one year in federal prison.

Luis Gomez-Otoy, age 39, a citizen of Guatemala illegally present in the United States and residing in Postville, Iowa, received the prison term after an August 21, 2024, guilty plea to one count of unlawful use of identification documents, one count of misuse of a social security number, and one count of illegal reentry into the United States after having been deported following a felony conviction.

At the guilty plea, Gomez-Otoy admitted he had previously been deported from the United States and illegally reentered the United States without the permission of the United States government.  Gomez-Otoy was arrested in May 2008 during an immigration enforcement action in Postville and was deported in October 2008.  On May 8, 2024, immigration officials learned Gomez-Otoy had illegally returned to the United States and found Gomez-Otoy at the Clayton County Jail following his arrest on state charges.  On July 12, 2024, Gomez-Otoy was convicted in state court of operating while intoxicated, second offense, and sentenced to 7 days’ imprisonment.  Gomez-Otoy was previously convicted in the Northern District of Iowa in May 2008 for use of false employment documents, a felony, served five months’ imprisonment and was deported. 

Gomez-Otoy also admitted he used a fraudulent Social Security card and a fraudulent Permanent Resident Card, also known as a “green card,” both bearing his name, to prove his authorization to work in the United States when he completed employment and tax forms in May 2022 at a business in West Union, Iowa.  The number on the Social Security card was assigned to someone else.  The alien registration number on the Permanent Resident card was assigned to a female from Mexico.  Social Security and Permanent Resident cards are documents prescribed by statute or regulation for entry into or as evidence of authorized stay or employment in the United States.    

Gomez-Otoy was sentenced in Cedar Rapids by United States District Court Judge Leonard T. Strand.  Gomez-Otoy was sentenced to 13 months’ imprisonment.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Gomez-Otoy is being held in the United States Marshal’s custody until he can be transported to a federal prison.

The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.

Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.

The case file number is 24-CR-1017.

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