PROVIDENCE, R.I. — Federal immigration authorities have arrested a Guatemalan national charged with armed home invasion and kidnapping in Massachusetts.
Officers arrested Edilio Agustin-Orellana, who was at large and is in the country illegally, in Providence on Jan. 27, U.S. Immigration and Customs Enforcement said in a statement Monday. He remains in ICE custody.
Agustin-Orellana has repeatedly been removed from the U.S. to Guatemala dating back to 2002, officials said.
The Plymouth Superior Court in Brockton arraigned Agustin-Orellana on June 24, 2024 on five counts of assault with a dangerous weapon, three counts of kidnapping, intimidation and armed home invasion.
“Edilio Agustin-Orellana stands accused of some extremely egregious felonies and represents a significant threat to the residents of New England,” ICE Enforcement and Removal Operations Boston acting Field Office Director Patricia Hyde said in a statement.
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“We simply cannot tolerate such threats to our residents,” Hyde said. “ICE Boston remains dedicated to prioritizing the safety of our public by arresting and removing illegal alien offenders from the streets of our communities.”
ICE lodged an immigration detainer against Agustin-Orellana with Brockton District Court on Feb. 20, 2024, following his arrest for armed home invasion, Hyde said.
Brockton District Court refused to honor the ICE detainer and released Agustin-Orellana from custody, federal officials said.
Court officials do not have the authority to hold an individual in custody solely on the basis of a Federal Civil Immigration Detainer, Jennifer Donahue, spokesperson for the Massachusetts Trial Courts, said in a statement to Boston 25 on Friday.
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“In order to comply with Massachusetts law, court officers are prohibited from assisting or interfering with ICE agents in executing their obligations under Federal law,” Donahue said in commenting about another case when a Milford court did not honor an immigration detainer.
“That means that a court officer will not interfere with ICE arresting an individual who has been released,” Donahue said. “On the other hand, court officers are prohibited from keeping a released individual in custody awaiting an ICE agent.”
U.S. Border Patrol arrested Agustin-Orellana after he illegally entered the United States on Jan. 25, 2002 near Brownsville, Texas, and transferred custody to Immigration and Naturalization Services at the Port Isabel Detention Center in Los Fresnos, Texas. INS released Agustin on bond two weeks later.
On Sept. 23, 2002, a Justice Department immigration judge in Harlingen, Texas ordered Agustin-Orellana removed from the United States back to Guatemala.
Two years later, on Oct. 13, 2004, the 6th Division District Court in Providence, Rhode Island, convicted Agustin-Orellana of eluding police, resisting arrest, and driving with a suspended license. The court sentenced him to one year of probation and court costs.
ICE encountered Agustin Nov. 13, 2006, following a subsequent arrest in Providence, and lodged an immigration detainer against Agustin-Orellana with the Rhode Island Department of Corrections.
Two days later, on Nov. 15, 2006, federal officers arrested Agustin-Orellana at the Rhode Island Adult Correctional Institute in Cranston and removed him from the U.S. to Guatemala the following month, on Dec. 30, 2006.
Nearly two months later, Border Patrol agents again arrested Agustin-Orellana after he illegally reentered the U.S. on Feb. 7, 2007 near Ocotillo, California, and issued to him a notice of intent/decision to reinstate a prior removal order. ICE removed Agustin from the U.S. to Guatemala on Feb. 8, 2008.
Agustin illegally reentered the U.S. Aug. 4, 2019 near Del Rio, Texas, federal officials said.
In another case, federal authorities said last week that a Massachusetts court twice ignored an immigration detainer lodged by ICE and twice released a Guatemalan national convicted of assault and other crimes in Massachusetts.
This is a developing story. Check back for updates as more information becomes available.
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