Mexican man arrested, charged with illegal re-entry

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Jose Antonio Barcena-Ruiz, 41, a citizen and national of Mexico, was arrested and charged by criminal complaint with illegal re-entry, which carries a maximum penalty of two years in prison and a $250,000 fine.

Special Assistant U.S. Attorney Michael J. Smith, who is handling the case, stated that according to the complaint, on May 31, 2025, Homeland Security Investigations and Immigration and Customs Enforcement personnel encountered Barcena-Ruiz and three others in a vehicle in Clarence, NY. When questioned about his citizenship, Barcena-Ruiz stated that he was from Mexico. When asked for documentation, Barcena-Ruiz provided a Mexican passport and a New Mexico driver’s license but had no additional documentation that allowed him to be present or remain in the United States legally. A records check determined that Barcena-Ruiz was physically removed from the United States in 2008, two times in 2009, and in 2010.

Barcena-Ruiz made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy this morning and was detained.

These investigations are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.

The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan and Immigration and Customs Enforcement, under the direction of Acting Field Office Director Steven Kurzdorfer.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.   

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