3-Time Deportee Gets 46 Months in Prison for Illegal Re-Entry

In this March 30, 2012 photo, Immigration and Customs Enforcement (ICE) agents take a suspect into custody as part of a nationwide immigration sweep in Chula Vista, Calif. Federal officials say they arrested more than 3,100 immigrants convicted of serious crimes and fugitives in a six-day nationwide sweep. Officials at …
AP File Photo/Gregory Bull

A federal court in New York sentenced a three-time deported Mexican national to 46 months in prison following his second conviction for felony re-entry after removal. The man, who has an extensive history of drunken driving, also received a 36-month supervised release and deportation order following his November plea agreement.

A federal district court in the Southern District of New York sentenced 44-year-old Gerardo Gutierrez-Perez, a Mexican national, to 46 months in prison after he pleaded guilty to illegal re-entry after removal, according to information provided by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO) officials. In addition to the prison term, the judge also ordered 24 months of supervised release. He will be processed for his fourth deportation following his release from federal prison, officials stated.

“Gutierrez-Perez is a criminal alien who repeatedly broke the laws of this nation, reentering illegally after removal on multiple occasions,” Thomas R. Decker, field office director for ERO New York, said in a written statement. “With the growing number of New York jurisdictions enacting sanctuary policies that do nothing but shield criminal aliens, this trend of continued illegal entry into the country with a complete disregard for U.S. laws will continue. Until elected officials in this state place the safety of their constituents before politics, the pipeline of criminal aliens will continue to flow into the New York metropolitan area.”

Gutierrez-Perez initial came under ERO’s scrutiny when officers deported the Mexican national in September 2007.  His deportation followed his release from a New York prison where he served one to three years for a felony DWI conviction. He re-entered the U.S. illegally on December 6, 2007 — just two months after his removal.

ERO officers encountered the Mexican migrant on June 18, 2009, while he served a prison sentence at the Downstate Correctional Facility in Fishkill, New York. Federal prosecutors charged him with illegal re-entry after removal as a convicted felon. A federal district court sentenced him to 24 months in prison. Following his release from prison in March 2012, ICE ERO officers removed him from the United States again.

At some point following his second deportation, Gutierrez-Perez illegally re-entered the U.S. at an unknown time and place, officials stated.

New York police officers in Suffolk County arrested Gutierrez-Perez on yet another charge of felony aggravated unlicensed operation of a vehicle, officials reported. ERO officers assigned to the Long Island sub-office’s Violent Criminal Alien Section began an investigation into the Mexican migrant’s criminal and immigration history. On September 20, 2017, prosecutors filed an additional charge of illegal re-entry after removal. On November 19, 2019, Gutierrez-Perez pleaded guilty to the federal felony and the court sentenced him to 46 months in prison to be followed for three years of supervised release and an additional deportation.

Bob Price serves as associate editor and senior political news contributor for the Breitbart Border team. He is an original member of the Breitbart Texas team. Follow him on Twitter @BobPriceBBTX and Facebook.

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