Three Time Removed Mexican National Sentenced in Federal Court to 46 Months

A Mexican national was sentenced Nov. 19 to 46 months in federal custody. The sentencing of Gerardo Gutierrez-Perez, 44, follows an investigation and arrest for illegal reentry by deportation officers from U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO).

“Gutierrez-Perez is a criminal alien who repeatedly broke the laws of this nation, reentering illegally after removal on multiple occasions,” said Thomas R. Decker, field office director for ERO New York. “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.”

According to court filings and facts presented during court proceedings, Gutierrez-Perez, a Mexican citizen, was initially removed from the United States in September 2007, after serving 1-3 years in New York State prison following a felony conviction for DWI. Gutierrez-Perez illegally reentered the United States Dec. 6, 2007, and was again removed Dec. 11, 2017. Gutierrez-Perez later unlawfully reentered the United States at an unknown place, on an unknown date. On Jun. 18, 2009, ERO deportation officers encountered Gutierrez-Perez while he was an inmate in the Downstate Correctional Facility in Fishkill, NY. Gutierrez-Perez was presented in U.S. District Court-Southern District of New York (SDNY) for prosecution for violating 8 USC 1326(b)(1). He was subsequently convicted and sentenced to 24 months in federal custody. On Mar. 2, 2012, following the service of his federal sentence, ICE removed Gutierrez-Perez to Mexico for the third time. Gutierrez-Perez again unlawfully reentered the United States at an unknown place, on an unknown date.

On Aug. 31, 2017, Gutierrez-Perez, who has a significant history of driving under the influence offenses, was arrested by the Suffolk County (NY) Sheriff’s Office for felony aggravated unlicensed operation. ERO deportation officers assigned to the Long Island sub-office’s Violent Criminal Alien Section (VCAS) initiated an investigation. On Sep. 20, 2017 a federal arrest warrant was obtained, charging Gutierrez-Perez with illegal reentry following removal from the United States. On Nov. 17, 2017, Gutierrez-Perez was arrested in Yaphank, New York. On Nov. 19, 2019, following a plea of guilty, Gutierrez-Perez was sentenced to 46 months in federal custody, followed by three years of supervised release for illegal reentry after removal.

ICE is focused on removing public safety threats, such as convicted criminal aliens and gang members, as well as individuals who have violated our nation’s immigration laws, including those who illegally reentered the country after being removed and immigration fugitives ordered removed by federal immigration judges.