Opinion
A-19-CR-130(21) LY
01-19-2022
Jesus Garcia-Vargas
Douglas W. Gardner
Douglas W. Gardner
PETITION FOR WARRANT OR SUMMONS FOR OFFENDER UNDER SUPERVISION
NAME OF SENTENCING JUDICIAL OFFICER HONORABLE LEE YEAKEL, UNITED STATES DISTRICT JUDGE
PREVIOUS COURT ACTION
None.
PETITIONING THE COURT
[X] To issue a warrant [ ] To issue a summons
The probation officer believes that the offender has violated the following condition(s) of supervision:
Violation of Mandatory Condition No. 1: “The defendant shall not commit another federal, state, or local crime during the term of supervision.”
Violation Standard Condition No. 17: “If the defendant is excluded, deported, or removed upon release on probation or supervised release, the term of supervision shall be a non-reporting term of probation or supervised release. The defendant shall not illegally re-enter the United States. If the defendant is released from confinement or not deported, or lawfully re-enters the United States during the term of probation or supervised release, the defendant shall immediately report in person to the nearest U.S. Probation Office.”
Nature of Non-compliance: On or about July 23, 2021, the defendant was formally removed from the United States to Mexico following his release from imprisonment on June 7, 2021, under Case No. 1:19CR130 (21) LY and began his 3-year term of supervised release. On or about January 9, 2022, in the Southern District of Texas-McAllen Division, the defendant, a citizen of Mexico, was apprehended by United States Border Patrol agents near Mercedes, Texas. During questioning, the defendant stated that he illegally entered the United States by crossing the Rio Grande River near Brownsville, Texas on or about November 30, 2021. An investigation revealed the defendant is a citizen of Mexico who had previously been removed from the United States on July 23, 2021. The defendant did not report to the nearest probation office upon his release from custody or upon his return to the United States. At the time of his arrest, the defendant was in the United States illegally and was under an inactive term of federal supervised release. There is no evidence the defendant obtained permission of the Attorney General of the United States or Secretary of Homeland Security to re-apply for readmission into the United States.
On January 11, 2022, a Complaint was filed in the Southern District of Texas, McAllen Division, under Case No. 7:22MJ00024-1, charging the defendant with illegally re-entering the United States. The defendant is currently detained at the East Hidalgo Detention Facility in La Villa, Texas.
U.S. Probation Officer Recommendation: The term of supervision should be revoked.
THE COURT ORDERS:
[ ] No Action
[X ] The Issuance of a Warrant
[ ] The Issuance of a Summons
[ ] Other