Illegal Alien Charged with Assaulting Federal Agent in Rotterdam Making Arrest Under Laken Riley Act

ALBANY, NEW YORK – Michel Manuel Garcia Rojas, age 38, and a citizen of Nicaragua residing in Albany, was charged today with resisting, impeding, and assaulting a federal officer engaged in official duties and inflicting bodily injury.  Acting United States Attorney Daniel Hanlon and Erin Keegan, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement.

According to a complaint filed in federal court today, Garcia Rojas entered the United States illegally in 2023 and has been subject to removal proceedings since that date while residing in the United States.  Yesterday, the Rotterdam Police Department contacted HSI to inform agents that Garcia Rojas and another illegal alien had been charged with the New York State misdemeanor offenses of petit larceny and endangering the welfare of a child.  Given the nature of the state charges, both aliens were subject to immediate detention under the newly enacted Laken Riley Act.  HSI obtained administrative warrants to arrest the pair and promptly went to the Rotterdam Police Department to effectuate the arrests before the subjects were released on the state charges. 

After the arrival of federal agents, Garcia Rojas was placed inside the back seat of a federal law enforcement vehicle, in handcuffs.  While inside, he managed to get one of his hands out of the handcuffs, got out of the vehicle, and began to walk away.  A HSI Special Agent confronted Garcia Rojas and attempted to place him back under arrest.  Garcia Rojas aggressively fought back, hitting the agent in the jaw and throwing him into a door.   Ultimately, it took at least 6 law enforcement officers and the use of a taser to subdue and rearrest Garcia Rojas.  During the assault, Garcia Rojas inflicted bodily injuries on the HSI Special Agent, including a bruise on the jaw, abrasions and cuts on the hands and knees, and injuries to the back.  Garcia Rojas told authorities during processing late yesterday that he was a police officer in Nicaragua, where he trained others on the use of defensive tactics.

The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.

The charge filed against Garcia Rojas carries a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. 

Garcia Rojas initially appeared today in Albany, before United States Magistrate Judge Daniel J. Stewart, and was ordered detained pending a detention hearing scheduled for March 10.

HSI is investigating the case with the assistance of the Rotterdam Police Department.  Assistant U.S. Attorney Benjamin S. Clark is prosecuting the case.