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.
Read more at the Justice Department
