Illegal Alien Sentenced To Over Years In Prison For Aggravated Identity Theft

An illegal alien from Mexico who assumed the identity of a United States citizen was sentenced today to more than two years in federal prison.

Juan Bautista-Rubio, age 22, an illegal alien from Mexico living in Cedar Falls, Iowa, received the prison term after a July 9, 2014, jury verdict finding him guilty of one count of aggravated identity theft.  Bautista-Rubio previously pled guilty on May 9, 2014, to one count of illegal re-entry into the United States following deportation and one count of unlawful use of a fraudulently acquired social security card and permanent resident card to gain employment in the United States.

The evidence at trial showed that Bautista-Rubio used a fraudulently acquired social security card and a fake lawful permanent resident alien card to obtain employment in Waterloo, Iowa, where he filled out an Immigration I-9 Form on April 5, 2012, falsely claiming to be a lawful permanent resident alien.  Immigration I-9 forms are required to be completed by all employees working within the United States.  Bautista-Rubio worked in Waterloo, Iowa, continuously from April 2012 through June 2013 and again from December 2013 through April 2014.  

On April 23, 2014, Bautista-Rubio was questioned by an agent with Homeland Security Investigations.  During that interview Bautista-Rubio admitted that he was present in United States illegally after being deported in 2011 and that he knowingly used the identification documents of a real person, including the person’s name, date of birth, and social security number, to gain employment in the United States.  Bautista-Rubio told the agent that he specifically requested and obtained the identification documents of a real person to ensure that he could work here.

Bautista-Rubio was sentenced in Cedar Rapids by United States District Court Chief Judge Linda R. Reade.  Bautista-Rubio was sentenced to 27 months’ imprisonment.  A special assessment of $300 was imposed.  He must also serve a three-year term of supervised release after the prison term.  There is no parole in the federal system.

Bautista-Rubio 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. 

Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.  The case file number is 14-CR-0052.