ERO Washington, D.C. apprehends previously removed Guatemalan noncitizen convicted of aggravated sexual battery of Virginia minor

RICHMOND, Va. — Enforcement and Removal Operations (ERO) Washington, D.C. arrested an unlawfully present Guatemalan noncitizen convicted Feb. 9 for aggravated sexual battery of a Virginia minor. Deportation officers from ERO Washington’s Criminal Apprehension Team apprehended the 43-year-old sex offender Feb. 21 in Richmond.

The Richmond City Jail released the noncitizen earlier that day, despite an ERO Washington, D.C. immigration detainer filed with the facility.

After ERO Washington deportation officers identified themselves to the Guatemalan national, he attempted to flee. After a brief foot pursuit, the deportation officers caught him and took him into custody.

“This convicted sex offender represented a significant threat to the residents of our Virginia communities,” said ERO Washington, D.C. Field Office Director Liana Castano. “His apprehension highlights the danger caused when jurisdictions have policies in place which restrict information sharing between state or local law enforcement and federal immigration authorities. This noncitizen fled from our officers, placing himself, our officers, and the general public in danger during the course of the pursuit, which could have been avoided if ERO had been afforded the opportunity to assume custody in a secure setting — in accordance with an immigration detainer and federal law. ERO Washington, D.C. will continue to prioritize the safety of our public as we apprehend and remove the most egregious noncitizen offenders from our Washington, D.C. and Virginia neighborhoods.”

The Guatemalan noncitizen unlawfully entered the United States on an unknown date at an unknown location without being admitted, inspected or paroled by a U.S. immigration official.

The U.S. Border Patrol arrested him in July 2017 near San Luis, Arizona, and issued him a notice to appear before a Department of Justice immigration judge as a noncitizen unlawfully present in the United States. Later that day, Border Patrol agents released him from custody.

A Department of Justice immigration judge in Arlington, Virginia, ordered the noncitizen removed to Guatemala in March 2019.

The Richmond City Police Department arrested him in August 2019 and charged him with driving under the influence.

In the same month, the Pacific Enforcement Response Center in Laguna Niguel, California, lodged an immigration detainer against him with the Richmond City Jail. The jail declined to honor the immigration detainer and released him from custody without notifying U.S. Immigration and Customs Enforcement (ICE).

The Richmond General District Court convicted the Guatemalan national of driving under the influence in March 2020 and sentenced him to 90 days incarceration but suspended his sentence.

One week later, ERO Washington arrested him during an approved at-large enforcement operation in Richmond. Later that month, ERO New Orleans removed the noncitizen from the United States to Guatemala.

The Guatemalan noncitizen unlawfully reentered the United States on an unknown date at an unknown location without being admitted, inspected or paroled by a U.S. immigration official.

In February 2022, Florida’s Orlando Police Department arrested him for a Virginia warrant for carnal knowledge of child between 13 and 14 years of age. On the same date, ERO Miami lodged an immigration detainer against him with the Orlando County Jail. Five days later, ERO Miami notified the noncitizen that it intended to reinstate his prior removal order.

Later that month, the Richmond Police Department arrested and extradited him for his active warrant. The Pacific Enforcement Response Center lodged an immigration detainer against him with the Richmond City Jail.

On Feb. 9, 2024, the Richmond Circuit Court convicted the Guatemalan noncitizen for aggravated sexual battery on a victim between 13 and14 and sentenced him to 20 years of incarceration. The court suspended 18 years and 2 months of his prison sentence. The Richmond City Jail released the Guatemalan sex offender without honoring the immigration detainer.

Later that day, deportation officers with ERO Washington’s Criminal Apprehension Team arrested him in Richmond, Virginia after a brief foot pursuit and took him into custody. He will remain ICE ERO custody pending his removal from the United States.

As part of its mission to identify and arrest removable noncitizens, ERO lodges immigration detainers against noncitizens who have been arrested for criminal activity and taken into custody by state or local law enforcement. An immigration detainer is a request from ICE to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody. Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law.

Detainers are a critical public safety tool because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Since detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

In fiscal year 2023, ERO arrested 73,822 noncitizens with criminal histories; this group had 290,178 associated charges and convictions with an average of four per individual. These included 33,209 assaults; 4,390 sex and sexual assaults; 7,520 weapons offenses; 1,713 charges or convictions for homicide; and 1,655 kidnapping offenses.

As one of ICE’s three operational directorates, ERO is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO’s mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency’s detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal. ERO’s workforce consists of more than 7,700 law enforcement and non-law enforcement support personnel across 25 domestic field offices and 208 locations nationwide, 30 overseas postings, and multiple temporary duty travel assignments along the border.

Members of the public can report crimes and suspicious activity by calling 866-DHS-2-ICE (866-347-2423) or completing the online tip form.

Learn more about ERO Washington, D.C.’s mission to increase public safety in your community on X, formerly known as Twitter, at @EROWashington.