Ziyaya Mtola, Failure to Depart U.S. and Assault on Federal Employee, Ohio 2023

A federal grand jury has charged a South African citizen with failure to depart the United States and assault on a federal employee.

Ziyaya Mtola, 39, is accused of physically resisting efforts to remove him from the United States on March 29, 2013, and April 22, 2013. During the latter incident, Mtola allegedly physically injured two immigration agents.

The indictment, returned by a grand jury in the Northern District of Ohio, charges Mtola with two counts of failure to depart the United States and two counts of assault on a federal employee.

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced the indictment.

If convicted, Mtola’s sentence will be determined by the Court after review of factors unique to this case, including his prior criminal record, if any, his role in the offense, and the characteristics of the violation.

The case is being prosecuted by Assistant U.S. Attorney Phillip J. Tripi, following investigation by agents of the Enforcement and Removal Operations of the Immigration and Customs Enforcement Agency.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Mandatory Facts:

Defendant/respondent full name: Ziyaya Mtola

Criminal charges: Two counts of failure to depart the United States and two counts of assault on a federal employee

City and state: Northern District of Ohio

Exact date: March 29, 2013, and April 22, 2013

Sentence or outcome: Currently pending trial

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