ERO New York City arrests previously removed MS-13 gang member convicted of manslaughter

NEW YORK - Enforcement and Removal Operations New York City arrested an unlawfully present citizen of El Salvador Aug. 19 who was convicted by the Nassau County Superior Court of manslaughter in the first degree.

ERO New York City's Long Island officers and officers from the U.S. Marshals' New York/New Jersey Regional Fugitive Task Force arrested the previously removed 42-year-old noncitizen pursuant to a criminal arrest warrant outside his residence in Elmont. He will remain in custody, without bond, pending federal criminal proceedings.

"ERO New York City will not tolerate transnational criminal gang members who violate our immigration laws and bring violence to our communities," said ERO New York City Field Office Director Kenneth Genalo. "These criminal noncitizens will be located, arrested and processed for removal from the United States. "I commend our officers and law enforcement partners for the safe apprehension of this individual."

On an unknown date and location, the noncitizen entered the United States without inspection, admission or parole by an immigration official.

On July 6, 2000, the Nassau County Police Department arrested the noncitizen for murder: depraved indifference and gang assault in the first degree. The Nassau County Superior Court convicted him Oct. 25, 2001, of manslaughter in the first degree with intent to cause serious physical injury, and on Jan. 4, 2002, sentenced the noncitizen to 12 years in jail. The sentence was amended July 1, 2010, to 12 years in jail and five years post-release supervision.

The manslaughter conviction was the result of a gang assault where the victim was brutally beaten to death with a baseball bat. The defendant admitted to being a member of MS-13 and the victim was thought to be a member of a rival gang.

On Oct. 12, 2010, the Orleans Correctional Facility released the noncitizen to the custody of ERO New York City. The next day, ERO New York City served the noncitizen with a notice of intent to issue a final administrative removal order due to his aggravated felony conviction and violations of the Immigration and Nationality Act. ERO New York City transferred the noncitizen to ERO Houston Nov. 10, 2010, and on Dec. 3 of that year, ERO Houston removed him to El Salvador via ICE Air Operations.

On an unknown date and location, the noncitizen reentered the United States without admission, inspection or parole by an immigration official.

On July 21, the Nassau County Police Department arrested the noncitizen in Valley Stream for driving while intoxicated, first offense; operating a motor vehicle with .08 of 1% alcohol or more in blood, first offense; and aggravated DWI: 0.18 of 1% or more alcohol in blood with no priors.

The Nassau County District Court arraigned the noncitizen July 24 and released him on his own recognizance.

The noncitizen was presented before a U.S. magistrate judge for illegally reentering the United States after deportation as an aggravated felon. He remains in federal custody.

Noncitizens placed into removal proceedings receive their legal due process from federal immigration judges in the immigration courts, which are administered by the Executive Office for Immigration Review. The Executive Office for Immigration Review is an agency within the U.S. Department of Justice and is separate from the Department of Homeland Security and U.S. Immigration and Customs Enforcement. Immigration judges in these courts make decisions based on the merits of each individual case. ICE officers carry out the removal decisions made by the federal immigration judges.

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 crime and suspicious activity by calling 866-347-2423 or completing the online tip form.

Learn more about ERO New York City's mission to preserve public safety on X, formerly known as Twitter, at @ERONewYork.

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