FOR IMMEDIATE RELEASE
Tuesday, September 30, 2008
JOSE RAMON AMAYA-HERNANDEZ SENTENCED IN U.S. DISTRICT COURT
Bill Mercer, United States Attorney for the District of Montana, announced today that during a federal court session in Great Falls, on September 30, 2008, before U.S. District Judge Sam E. Haddon, JOSE RAMON AMAYA-HERNANDEZ, a 33-year-old citizen of Mexico, appeared for sentencing. AMAYA-HERNANDEZ was sentenced to a term of:
- Prison: time served (100 days)
- Supervised Release: 1 year
AMAYA-HERNANDEZ was sentenced in connection with his guilty plea to making a false claim to U.S. citizenship.
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.
Because there is no parole in the federal system, the "truth in sentencing" guidelines mandate that AMAYA-HERNANDEZ will likely serve all of the time imposed by the court. In the federal system, AMAYA-HERNANDEZ does have the opportunity to earn a sentence reduction for "good behavior." However, this reduction will not exceed 15% of the overall sentence.
Assistant U.S. Attorney George F. Darragh 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.
