BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that a federal grand jury has returned an indictment charging Juan Casarubias-Garcia, 29, a citizen of Mexico, with being a removed alien found in United States, and fraud and misuse of an alien registration receipt card. The charges carry a maximum penalty of 10 years in prison, and a $250,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on January 19, 2019, the defendant was pulled over by the New York State Police for illegally operating a motor vehicle while intoxicated. As they approached the vehicle, the troopers observed approximately 20 or more empty beer bottles on the front and rear floor boards of the vehicle, three bottle caps under Casarubias’ legs in the driver seat, and a half full bottle of whiskey behind the front passenger seat. The defendant failed all field sobriety tests, and registered a .16% blood alcohol content when tested.
Casarubias provided troopers with a fraudulent Lawful Permanent Resident Card bearing his photo, and the name Andrade Raymundo, and an alien registration number. A check of immigration records determined that the alien registration number was assigned to an individual other than the defendant. Casarubias also provided a Mexican driver's license bearing the name Juan CasarubiasBarrera.
A review of the documents contained in the Alien Registration file for Casarubias determined that in March 2012, he was arrested by Immigration and Customs Enforcement (ICE) officers for being present without admission and possession of a fraudulent document. In September 2012, the defendant was convicted in the Western District of New York of fraud and misuse of document evidencing authorized stay in United States, and was ordered removed from the United States in October 2012. On November 2, 2012, Casarubias was deported to Mexico. In April 2013, the defendant was arrested by the United States Border Patrol in Douglas, Arizona, and convicted in the District of Arizona of illegal entry.
On May 10, 2013, Casarubias was once again deported from the United States. As a result, the defendant, a native and citizen of Mexico, has no valid immigration status and is illegally present in the United States.
The indictment is the result of an investigation by the New York State Police, under the direction of Major James Hall, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.