Southern District of Texas charges nearly 250 people in second week of March in relation to border enforcement efforts

HOUSTON – A total of 245 new cases have been filed in the last week related to immigration and border security, announced U.S. Attorney Nicholas J. Ganjei. 

Of those, 115 are charged with illegally re-entering the country with the majority having felony convictions such as narcotics, violent and/or sexual crimes and prior immigration offenses. A total 118 face charges of illegally entering the country, 10 cases involve various instances of human smuggling, and the remainder relate to firearms and assault of federal officers. 

Of those facing allegations of illegally re-entering the country is Santos Demetrio Marquez-Hernandez from El Salvador. The criminal complaint indicates he has a felony conviction of contact with a minor with sexual intent and was removed just over two months ago on Jan. 8. He could receive up to 20 years in U.S. prison.

Juan Daniel Pena and Jose Cristian Cantu Jr. were also arrested this week for attempting to smuggle 15 aliens through the Border Patrol checkpoint near Sarita. The charges allege the aliens, who were from El Salvador, Guatemala, Honduras and Vietnam, were hidden inside two trucks being hauled on a flatbed trailer. Five of the illegal aliens were allegedly previously ordered removed from the United States and are now facing their own charges of illegal reentry into the United States.

Relevant cases also featured this week include an Arkansas man who was found guilty of transporting illegal aliens in a truck’s wheel well and fuel tank. The jury deliberated for under 30 minutes following a less than two-day trial before finding Noel Mercado guilty on two counts of alien smuggling. An x-ray scan revealed at least two individuals in the truck’s wheel wells – found bolted inside modified wheel well compartments. Law enforcement also discovered two more individuals in the auxiliary fuel tank below the truck bed. All four were illegal aliens from the countries of Honduras, El Salvador and Guatemala with no authority to be in the United States. 

Among those charged this week also includes Gerardo Hervey Rodriguez-Toscano, a Mexican citizen who allegedly ran up the Mexican side of the Hidalgo port of entry and attempted to evade U.S. law enforcement at the midpoint. Authorities were able to detain him, but after a struggle, according to the allegations. One officer allegedly suffered injuries to his wrist, knee and elbow. If convicted, Rodriguez-Toscano faces up to eight years in prison.

In addition, a Honduran man attempted to enter the country illegally by pretending to be a minor. Elger Fabricio Cotto-Navarro claimed he was born in May 2007, when he was actually born the previous year. He initially denied the allegations and made a written statement as such, but ultimately acknowledged he was an adult and that he provided an incorrect date of birth and made false statements.   

These cases were referred or supported by federal law enforcement partners, including Immigration and Customs Enforcement (ICE) - Homeland Security Investigations, ICE - Enforcement and Removal Operations, Border Patrol, Drug Enforcement Administration, FBI, U.S. Marshals Service, Department of Health and Human Services – Office of Inspector General and Bureau of Alcohol, Tobacco, Firearms and Explosives with additional assistance from state and local law enforcement partners.

The cases are part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhood.

Under current leadership, public safety and a secure border are the top priorities for the Southern District of Texas (SDTX). Enhanced enforcement both at the border and in the interior of the district have yielded aliens engaged in unlawful activity or with serious criminal history, including human trafficking, sexual assault and violence against children.  

The SDTX remains one of the busiest in the nation. It represents 43 counties and more than nine million people covering 44,000 square miles. Assistant U.S. Attorneys from all seven divisions including Houston, Galveston, Victoria, Corpus Christi, Brownsville, McAllen and Laredo work directly with our law enforcement partners on the federal, state and local levels to prosecute the suspected offenders of these and other federal crimes. 

An indictment or criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.