BOSTON — A Guatemalan man is facing charges for the alleged force rape of a Massachusetts minor.
49-year-old Jose Fernando-Perez was arrested on February 2 in Framingham after being charged with three counts of forcible rape of a child and three counts of aggravated rape of a child, according to U.S. Immigration and Customs Enforcement (ICE).
Federal authorities say Fernando illegally entered the United States on an unknown date and has a troubling criminal history.
In 2005, Fernando was arraigned for leaving the scene of an accident with property damage and attaching inaccurate license plates. He was eventually convicted in Lynn District Court on October 19, 2022.
According to ICE, Fernando was previously arraigned on April 19, 2022 for rape of a child by force, with the court later dismissing the case due to a superior court indictment.
ICE claimed they lodged an immigration detainer against him on May 16, 2022 with the Essex County House of Correction.
On October 6, 2022, the Essex County Superior Court in Salem arraigned Fernando on three counts of of aggravated rape of a minor. ICE officials say the court released him on pretrial conditions despite an immigration retainer.
“Jose Fernando-Perez has been charged with some horrific crimes against a minor in our commonwealth,” said ICE Enforcement and Removal Operations Boston acting Field Office Director Patricia H. Hyde. “He posed a significant danger to the children of Massachusetts, and we will not tolerate such a threat to our community.”
In a statement the Essex County Sheriff’s Office says once a person is released by a judge at court, they’re no longer in their custody. A Massachusetts Trial Court spokesperson echoed similar sentiments, saying in part:
“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. That means that a court officer will not interfere with ICE arresting an individual who has been released. On the other hand, court officers are prohibited from keeping a released individual in custody awaiting an ICE agent. Massachusetts Court officials do not have the authority to hold an individual in custody solely on the basis of a Federal Civil Immigration Detainer.”
Fernando was served with a notice to appear before a Department of Justice immigration judge following his arrest by ICE officers.
He remains in ICE custody.
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