A 37-year-old man illegally present in the United States has been sentenced for returning to the United States without permission, announced U.S. Attorney Alamdar S. Hamdani.
Elvis Cristian Hernandez-Ayala pleaded guilty June 1.
U.S. District Judge David S. Morales has now ordered Hernandez-Ayala to serve 37 months in federal prison. He was also on supervised release for a prior illegal re-entry conviction and also received 12 months for that violation, six months to be served consecutively. Not a U.S. citizen, he is expected to face removal proceedings following his total 43-month-term of imprisonment. At the hearing, the court heard additional evidence regarding Hernandez-Ayala’s frequent illegal re-entries and his troubling criminal history, including a prior conviction for sexual assault in which Hernandez-Ayala had raped another undocumented alien in a stash house.
On April 5, Hernandez-Ayala attempted to circumvent the Border Patrol (BP) Checkpoint near Falfurrias. Authorities found him and three others walking through the brush on a ranch.
The investigation revealed he had been previously removed from the United States eight times following his convictions such as felony possession of a controlled substance, driving while intoxicated and sexual assault.
Hernandez-Ayala will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol conducted the investigation. Assistant U.S. Attorney Barbara J. De Pena prosecuted the case.