FOR IMMEDIATE RELEASE
Thursday, August 28, 2008
JOSE RAMON AMAYA-HERNANDEZ PLEADS GUILTY IN U.S. FEDERAL COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls on August 27, 2008, before U.S. District Judge Sam E. Haddon, JOSE RAMON AMAYA-HERNANDEZ, a 33-year-old citizen of Mexico, pled guilty to making a false claim to U.S. citizenship. Sentencing is set for November 24, 2008. He is currently detained.
In an Offer of Proof filed by the United States, the government stated it would have proved at trial the following:
On June 21, 2008, AMAYA-HERNANDEZ arrived at the Piegan Port of Entry after being refused entry into Canada as a result of his criminal record. AMAYA-HERNANDEZ is a citizen of Mexico. He was one of three occupants in a vehicle seeking to enter Canada.
Upon his arrival back to the United States at the Piegan Port of Entry, AMAYA-HERNANDEZ presented a Washington state ID card in his name and bearing his photograph. AMAYA-HERNANDEZ was asked if he had a birth certificate and he replied no. He was asked his country of citizenship and stated he was born in California and purported to be an United States citizen. He was then referred for further examination.
Officers searched the vehicle in which AMAYA-HERNANDEZ was traveling. The officers found a photocopied alien registration card and a photocopied Social Security card in the name of JOSE RAMON AMAYA-HERNANDEZ. A review of immigration records found that the alien registration number had been issued to another person.
Throughout the inspection process AMAYA-HERNANDEZ appeared to have difficulty completing an immigration declaration form in either English or Spanish language so an officer fluent in Spanish assisted him. Throughout the process he maintained he was born in California. On the declaration form AMAYA-HERNANDEZ attested that he was born in the United States and had never been arrested or charged with a crime.
When AMAYA-HERNANDEZ'S fingerprints were queried, the results indicated a previous arrest and conviction of one or more drug or other offenses.
While AMAYA-HERNANDEZ was being interviewed by officers, his girlfriend arrived from Canada and provided officers with his original Mexican birth certificate establishing that AMAYA-HERNANDEZ was not a citizen of the United States and he was arrested.
On June 22, 2008, AMAYA-HERNANDEZ was interviewed and admitted he had crossed the border from Mexico in August of 1992 without inspection. He traveled to and began living with an uncle in Seattle, Washington. He further stated that he worked in the Seattle area without immigration authorization through use of counterfeit Social Security and resident alien cards. AMAYA-HERNANDEZ also admitted he is a Mexican citizen born in Mexico.
AMAYA-HERNANDEZ faces possible penalties of 3 years in prison, a $250,000 fine and 1 year supervised release.
Assistant U.S. Attorney Elizabeth A. Horsman prosecuted the case for the United States.
The investigation was conducted by the U.S. Customs and Border Protection, Port of Sweetgrass Enforcement Office Program.
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A copy of the Offer of Proof can be obtained by contacting Sally Frank at (406) 247-4638.
