Five Deported Aliens Indicted for Illegal Re-Entry in PA

HARRISBURG — Five previously deported foreign nationals were hit with federal charges this week after sneaking back into the United States and resurfacing across central Pennsylvania. Indicted separately on December 14, 2016, by a federal grand jury, each defendant stands accused of violating U.S. immigration law by re-entering the country after formal deportation — a crime that for some now carries a potential decade behind bars.

Yunny Javier Aplicano-Gutierrez, 30, a citizen of Honduras, was deported in August 2009 and allegedly reentered the U.S. unlawfully afterward. He was later found in York County after evading inspection by immigration authorities. Octavio Martinez-Calzada, 44, of Mexico, deported in May 2003, also allegedly reentered illegally and was located in Cumberland County. Eduardo Jurado-Morales, 34, of Guatemala, deported in April 2008, was found in York County under the same circumstances. Each faces a maximum of two years in prison, supervised release, and a fine.

But two of the defendants face far steeper consequences due to past criminal records. Lorenzo Hernandez-Aguilar, 33, of Mexico, was deported as recently as June 2016 — yet allegedly slipped back in before being found in Franklin County. A prior 2015 DUI conviction in Franklin County Court of Common Pleas triggers enhanced penalties, exposing him to up to ten years in federal prison, plus supervised release and fines.

Luis Lopez, 24, also of Mexico, was deported in February 2012 and allegedly reentered the U.S. unlawfully thereafter. Found in Franklin County after avoiding inspection, Lopez has a 2011 state conviction for Interference with Custody of Children — a felony that similarly subjects him to a maximum sentence of ten years in federal prison, supervised release, and financial penalties.

The cases were investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations (ERO). Special Assistant U.S. Attorney Brian G. McDonnell is leading the prosecutions. Federal authorities stress that each indictment is merely an allegation, and all defendants are presumed innocent until proven guilty in court.

A sentencing, if convictions are obtained, will ultimately be determined by a federal judge weighing the Federal Sentencing Guidelines, the nature of the offense, the defendant’s criminal history, and the need for punishment, public protection, and rehabilitation. While statutory penalties set the outer limits, the actual sentence could vary significantly based on judicial discretion.