Jose Maria Agustin Pleads Guilty to Illegal Reentry After Rape Conviction

Jose Maria Agustin, 43, a Mexican citizen and convicted rapist, pleaded guilty Tuesday in Buffalo federal court to illegally reentering the United States after deportation — a crime punishable by up to 20 years in prison and a $250,000 fine.

Agustin, most recently of Elba, NY, admitted to returning to the U.S. without authorization following his 2009 conviction in California for Forcible Rape and Assault with a Deadly Weapon. He served five years in prison before being formally removed to Mexico by U.S. Immigration and Customs Enforcement — a move that permanently barred him from legally returning to the country.

Despite that ban, Agustin was found working in the U.S. by December 2015. He had neither sought permission to reenter nor obtained employment authorization. His presence on American soil violated both immigration law and the terms of his deportation following an aggravated felony conviction.

Adding to the severity of his case, Agustin failed to register as a sex offender in New York State. He was required to maintain registration under California law due to his rape conviction but ignored the obligation upon crossing state lines and settling in Western New York.

The investigation was spearheaded by ICE Enforcement and Removal Operations, under Buffalo Field Office Director Michael Phillips, and the Genesee County Sheriff’s Office, led by Sheriff Gary Maha. Special Assistant U.S. Attorney Brian J. Counihan, who is prosecuting the case, emphasized the danger posed by undocumented felons evading registration and monitoring protocols.

Sentencing is set for April 4, 2017, at 10 a.m. before U.S. District Judge Lawrence J. Vilardo. Agustin faces the full weight of federal penalties, including potential lifetime deportation post-incarceration.