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Justice News

Department of Justice
U.S. Attorney’s Office
Northern District of Iowa

FOR IMMEDIATE RELEASE
Thursday, November 13, 2014

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.

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Updated February 19, 2015