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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

FOR IMMEDIATE RELEASE
Friday, June 1, 2018

Native Of Mexico Charged With Illegally Re-Entering The United States And Possessing Counterfeit Documents

CONTACT:  Barbara Burns
PHONE:      (716) 843-5817
FAX #:         (716) 551-3051

ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Everardo Donoteo-Reyes, a/k/a, Alberto Ebarado Gutierrez-Reyes, 26, of Mexico, was charged by criminal complaint with possession of a counterfeit social security card and alien registration card, and illegal re-entry after deportation. The charges each carry a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that according to the complaint, in September 2016, Immigration and Customs Enforcement, Enforcement and Removal Operations (ERO), administratively arrested the defendant in Gretna, Louisiana and in October 2016, he was ordered removed from the United States. Upon his departure, Donoteo-Reyes was advised that he could not re-enter the United States without the permission of the United States Attorney General, or his Successor, the Secretary of Homeland Security.

On March 01, 2017, United States Border Patrol the defendant in the United States and administratively arrested him in Laredo, Texas. On March 03, 2017, Donoteo-Reyes pleaded guilty to unlawfully entering the United States and was sentenced to 15 days confinement.   On March 15, 2017, the defendant was physically removed from the United States to Mexico. Donoteo-Reyes was once again advised that he could not re-enter the United States without permission.

On May 24, 2018, the defendant was arrested by the Wayne County Sheriff’s Office on New York State criminal charges. The sheriff’s office sent Donoteo-Reyes’s fingerprints to Immigration and Customs Enforcement (ICE). An immigration records check determined that the defendant has no valid immigration status and is again illegally present in the United States.

During the course of a missing person investigation, the Wayne County Sheriff's Office located fraudulent documents belonging Donoteo-Reyes, including a counterfeit alien registration card in the name "Alberto Gutierrez" and a photograph of the defendant.  Donoteo-Reyes was also found to be in possession of a fraudulent social security card. According to the Department of Homeland Security, no such social security number exists.

The defendant will make an initial appearance on June 4, 2018, at 3:00 p.m. before U.S. District Judge Jonathan W. Feldman.

The complaint is the result of an investigation by agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.

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.  

Updated June 1, 2018