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Press Release

Honduran National Man Pleads Guilty and is Sentenced for Immigration Crime

For Immediate Release
U.S. Attorney's Office, Southern District of West Virginia

CHARLESTON, W.Va. – A Honduran national man pled guilty to the felony offense of reentry of a removed alien, announced United States Attorney Mike Stuart.  Edilberto Hernandez-Garcia, 43, was then immediately sentenced to “time served,” having spent approximately seven months previously incarcerated.  He was immediately remanded to ICE to face administrative removal proceedings.  Stuart commended the investigative efforts of the U.S. Immigration and Customs Enforcement (ICE), the Sophia Police Department, and the Raleigh County Office of the Prosecuting Attorney.

“Seven prior removals,” said United States Attorney Mike Stuart.  “Hernandez-Garcia seems to think our immigration laws do not apply to him.  Repeat offenders like Hernandez-Garcia are a drain on critical law enforcement resources.” 

On April 26, 2019, Hernandez-Garcia was stopped by the Sophia Police Department where he was charged with and convicted of the felony offense of fleeing with reckless indifference in Raleigh County Circuit Court.  Once arrested and incarcerated, ICE agents determined that Hernandez-Garcia was in the United States illegally.  ICE agents confirmed his legal status.  Hernandez-Garcia admitted to agents that he was in the United States illegally.  Hernandez-Garcia  was arrested and ICE agents matched his fingerprints to a number of previous removals from the United States.   Hernandez-Garcia had no identification documents permitting him legal status in the United States.

Fingerprinting matched Hernandez-Garcia to seven prior removals from the United States in 1994, 1995, 2004, 2005, 2008, 2009, and 2010.  His previous removals also included a prior 2010 conviction of illegal reentry into the United States from United States District Court in San Antonio, Texas.  In  all seven prior removals, Hernandez-Garcia was found by immigration judges to be in the United States illegally and he was subsequently deported to Honduras.  He had not obtained permission to legally enter the United States and had not sought legal status or citizenship. Hernandez-Garcia further admitted to ICE agents that he was a Honduran citizen.

United States District Judge Frank W. Volk presided over the hearing.  Assistant United States Attorney Erik S. Goes handled the prosecution.


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Updated November 7, 2019