BUFFALO, NY — A citizen of Mexico who most recently lived in Elba has been taken into custody after allegedly re-entering the country illegally.
Jose Maria Agustin, 34, had been deported after an aggravated felony conviction and failing to register as a sex offender, U.S. Attorney William J. Hochul announced Wednesday in a news release.
He has now been charged with re-entry after deportation and is facing up to 20 years in prison.
Augstin was convicted in 2009 in California of two counts of forcible rape and one county of assault with a deadly weapon, said Special Assistant U.S. Attorney Brian J. Counihan, who is handling the case.
After serving a five-year sentence, Augstin was deported back to Mexico. As a result of the rape conviction, he was permanently barred from returning.
It was found this past December that Agustin was allegedly working in the U.S. without permission to re-enter and without employment authorization. He was likewise required to register as a sex offender in California and had not registered as a sex offender in New York State.
Agustin made an initial appearance Wednesday before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and is being detained.
The arrest is the result of an investigation by Immigration and Customs Enforcement, Enforcement and Removal Operations, and the Genesee County Sheriff’s Office.