ICE makes significant arrest of previously removed MS-13 gang member

BALTIMORE — U.S. Immigration and Customs Enforcement arrested 26-year-old illegal Salvadoran national Nelson Vladimir Amaya-Benitez May 12, in Gaithersburg. Amaya is a validated MS-13 gang member and has been convicted of second-degree malicious burning, rogue and vagabond, and possession of marijuana.

“The arrest of this criminal alien MS-13 gang member is yet another stark reminder of the dangers posed when our immigration laws are not enforced. This individual, who had previously been removed from the United States, reentered illegally and repeatedly jeopardized the safety of our Maryland communities,” said ICE Baltimore acting Field Office Director Nikita Baker. “ICE Lodged five detainers — four of which were not honored — allowing him to return to the streets and reoffend time and time again. This pattern is unacceptable. We strongly encourage our local law enforcement partners to honor our detainers to ensure that dangerous individuals like this are held accountable and removed from our communities to protect the law-abiding residents we serve.”

The U.S. Border Patrol apprehended Amaya after he illegally entered the United States near Hidalgo, Texas, Feb. 3, 2016, and served him a notice to appear.

The Irving Police Department in Texas arrested and charged Amaya with possession of marijuana Sept. 1, 2016. The Criminal District Court 2 in Dallas convicted him of possession of marijuana Sept. 21, 2016, and sentenced him to 36 days of confinement.

The Seagoville, Texas, Police Department arrested and charged Amaya with unauthorized use of a vehicle and evading arrest Oct. 8, 2016. The 291st District Court in Dallas convicted him of unauthorized use of vehicle and evading arrest Nov. 13, 2018, and sentenced him to 90 days of confinement. ICE arrested Amaya Nov. 14, 2018.

The Montgomery County Police Department in Rockville arrested and charged him with armed robbery May 26, 2017. On May 27, 2017, ICE lodged an immigration detainer on Amaya with the Montgomery County Detention Center. The Montgomery County Circuit Court in Rockville convicted him of robbery June 29, 2017, and sentenced him to 10 years of confinement with all but 18 months suspended.

A Department of Justice immigration judge ordered Amaya removed from this U.S. Aug. 13, 2019. ICE removed him to El Salvador Aug. 28, 2019.

Amaya illegally reentered the U.S. on an unknown date at an unknown location without being inspected, admitted or paroled by an immigration officer.

ICE lodged an immigration detainer on Amaya with the Montgomery County Detention Center Aug. 18, 2022, following his arrest by Montgomery County police. The detention center declined to honor ICE’s immigration detainer and released Amaya from custody the same day.

Montgomery County police arrested and charged him with theft Feb. 8, 2023. The District Court for Montgomery County in Silver Spring convicted him of theft July 7, 2023, and sentenced him to two months and 29 days of confinement but suspended his entire sentence.

On May 13, 2023, the Montgomery County Police Department arrested and charged Amaya with motor vehicle theft and rogue and vagabond. The District Court for Montgomery County in Silver Spring convicted him of motor vehicle theft and rogue and vagabond Aug. 4, 2023. He received a sentenced of five years confinement with all but 18 months suspended. On the same date, the ICE lodged an immigration detainer against him with the Montgomery County Detention Center. On an unknown date, the detention center declined to honor ICE’s immigration detainer and released Amaya from custody.

The Montgomery County Police Department arrested and charged Amaya with second-degree malicious burning May 22, 2023. The District Court for Montgomery County in Silver Spring convicted him of the charge Aug. 7, 2023, and sentenced him to 18 months of confinement. ICE lodged an immigration detainer on Amaya with the Montgomery County Detention Center Oct. 11, 2023. On an unknown date, that facility again declined to honor ICE’s immigration detainer and released Amaya from custody.

The Montgomery County Police Department arrested and charged Amaya with attempted motor vehicle theft Sept. 29, 2024. On the same date, the ICE an immigration detainer on Amaya with the Montgomery County Detention Center. The Montgomery County Circuit Court in Rockville convicted Amaya of attempted motor vehicle theft April 4, and sentenced him to three years of confinement with two years, five months and 11 days suspended. On April 18, the Montgomery County Detention Center again declined to honor ICE’s immigration detainer and released Amaya from custody.

Amaya is currently in ICE custody.

Members of the public can report crimes and suspicious activity by dialing 866-DHS-2-ICE (866-347-2423) or completing the online tip form.

Learn more about ICE’s mission to increase public safety in our communities on X, formerly known as Twitter, at @EROBaltimore.