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November 27, 2023Boston, MA, United StatesEnforcement and Removal

ERO Boston arrests Guatemalan national facing assault and battery, rape charges

BOSTON — Enforcement and Removal Operations (ERO) Boston arrested an unlawfully present Guatemalan national in Lynn on Nov. 21. Local authorities had recently charged him with assault and battery and rape.

“I’m very proud of our team of officers who made this arrest, which makes the residents of the community safer and more secure,” said ERO Boston Field Office Director Todd M. Lyons. “ERO Boston is committed to seeking out and apprehending unlawfully present individuals who pose a serious threat to public safety. Those who violate U.S. immigration law and represent a public safety threat will be apprehended and will face removal. ERO Boston is strongly committed to this part of our mission; we will continue to seek to achieve it every day.”

Local police arrested the 35-year-old in Lynn for assault and battery on a household member and rape Nov. 15 and arraigned him on those charges the following day. ERO Boston determined that the native of Guatemala had been arrested twice in 2006 by U.S. Border Patrol after twice unlawfully entering the United States. He was voluntarily removed to Mexico both times and subsequently unlawfully reentered the United States again on an unknown date.

Following confirmation of his immigration status, ERO Boston lodged an immigration detainer seeking custody of him with the Lynn Police Department. Despite an active immigration detainer, the Lynn District Court released the Guatemalan national on his own recognizance after arraignment on the assault and battery and rape charges.

ERO Boston arrested the Guatemalan native without incident in Lynn on Nov. 21 following his release. His charges remain pending with the local criminal court. He will remain in ICE custody pending an upcoming hearing before a Department of Justice (DOJ) immigration judge. Following adjudication of his local criminal charges, ERO Boston will seek his removal from the United States.

ERO conducts removals of individuals without a lawful basis to remain in the United States, including at the order of immigration judges with the DOJ’s Executive Office for Immigration Review (EOIR). EOIR is a separate entity from DHS and ICE. Immigration judges in these courts make decisions based on the merits of each individual case, determining if a noncitizen is subject to a final order of removal or eligible for certain forms of relief from removal.

In fiscal year 2022, ERO arrested 46,396 noncitizens with criminal histories. This group had 198,498 associated charges and convictions, including 21,531 assault offenses; 8,164 sex and sexual assault offenses; 5,554 weapons offenses; 1,501 homicide-related offenses; and 1,114 kidnapping offenses.

As one of U.S. Immigration and Customs Enforcement’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 the 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.