A Mexican Citizen Previously Convicted of Criminal Sexual Conduct Arrested for Being in the United States Unlawfully

DETROIT – A citizen of Mexico, who had been convicted of Criminal Sexual Conduct and was previously removed from the United States, was recently arrested on a criminal complaint by U.S. Border Patrol Agents for unlawfully being in the United States, announced United State Attorney Dawn N. Ison. This case is the latest example of 26 individuals prosecuted by the U.S. Attorney’s Office this year who were illegally in the United States, most of whom had previously been convicted of serious criminal offenses. 

Ison was joined in the announcement by Chief Patrol Agent Robert Danley, United States Border Patrol, Detroit Sector.

Arrested was Pedro Zarate-Banos, age 49.  Zarate appeared in federal court in Detroit yesterday and has a detention hearing scheduled for May 10.

According to court records, Border Patrol agents from the Detroit station received information that Zarate-Banos was illegally present in the United States. After further investigation, they discovered that Zarate-Banos was previously removed from the United States as an aggravated felon. Agents located Banos and conducted a vehicle stop in Macomb, Michigan. After a brief interview, Zarate-Banos admitted to being illegally present in the United States.  Zarate-Banos was convicted on December 2, 2002, in 22nd Circuit Court in Ann Arbor, of 3rd Degree Criminal Sexual Conduct, and was formally removed from the United States on September 20, 2005.

“Our office is dedicated to enforcing our immigration laws prohibiting deported non-citizens, particularly those who commit serious felony offenses, from re-entering the United States without first seeking prior authority and approval,” said U.S. Attorney Ison.

““I’m proud of our agents’ hard work and investigative skills that led to this arrest. Their actions have made our community safer,” said Chief Patrol Agent Robert Danley, U.S. Border Patrol Detroit Sector.

Since January 2023, the U.S. Attorney’s Office for the Eastern District of Michigan has prosecuted 26 individuals unlawfully in the United States, most of whom have prior criminal convictions for violent crimes, drug trafficking, weapons offenses, drunk driving, or theft/larceny offenses. Most of these defendants have previously been removed from the United States by immigration authorities multiple times. Some of these cases include:

United States v. Bullard

Alfred Bullard, age 40, a citizen of the Bahamas, was convicted in February 2023 of being an unlawful alien in possession of a firearm. Bullard had been arrested by Detroit police officers after federal agents conducting surveillance observed him firing a gun into the air. Bullard admitted to firing the gun in order to frighten away unknown cars traveling in his neighborhood. Bullard has pleaded guilty in federal court and is awaiting sentencing.

United States v. Pena-Moreno

Nolbed Y. Pena-Moreno, age 25, a citizen of Honduras, was arrested by Detroit police officers in March 2023 after he fired a .40 caliber pistol in a Detroit neighborhood. Pena-Moreno was indicted by a federal grand jury in April 2023 for being an unlawful alien in possession of a firearm.  This case is set for trial on May 23, 2023.

United States v. Al-Hakiem

Vires Al-Hakiem, age 43, is a native of Iraq and citizen the Netherlands, who was unlawfully in the United States. In June 2021, he sent a text message containing a video to his then spouse threatening her with a gun.  A subsequent search of Al-Hakiem’s bedroom found six firearms and over 2,600 rounds of ammunition. Al-Hakiem has prior criminal arrests for Assault and Battery, Domestic Violence, Drug Possession, Malicious Destruction of Property, and Larceny.  In January 2023, Al-Hakiem pleaded guilty in federal court to being an unlawful alien in possession of a firearm and ammunition, and he is scheduled to be sentenced on May 31, 2023.

United States v. Chilel-Lopez 

Bairon Chilel-Lopez, age 24, is citizen of Guatemala, who was arrested in 2021 by the Detroit police after he shot a female victim in an alley in southwest Detroit, and he pushed her from the vehicle. Chilel-Lopez was charged in state court with Assault with Intent to Do Great Bodily Harm and firearms offenses. Those charges remain pending. Chilel-Lopez was unlawfully in the United States and had been removed on multiple occasions. He also has prior convictions for immigration offenses and driving while intoxicated. Chilel-Lopez was sentenced in federal court on January 5, 2023, to 57 months in prison for illegal re-entry into the United States and for being an unlawful alien in possession of a firearm.

United States v. Garcia-Zecena

Cesar Augusto Garcia-Zecena, age 32, is a citizen of Guatemala who had illegally entered the United States multiple times and had been removed from the country on three prior occasions. In 2022, Garcia-Zecena was convicted in state court of assault with a dangerous weapon after he attempted to rape an Ann Arbor woman. On May 9, 2023, Garcia-Zecena pleaded guilty in federal court to unlawful re-entry after removal, and he is scheduled to be sentenced on June 29, 2023.

United States v. Solis-Pena

Emilio Solis-Pena, age 47, is a citizen of Mexico, who had six prior removals from the United States and a lengthy criminal record. His prior convictions included a 2007 conviction in Texas for conspiracy to possess with intent to distribute cocaine and for conspiracy to launder money, for which he received a sentence of 87 months. In 2019, Solis-Pena was convicted in Michigan of delivery/manufacture of 1000 grams or more of controlled substances, and he was sentenced to 7 to 40 years. On May 4, 2023, Solis-Pena was indicted in federal court for the crime of unlawful re-entry into the United States.

A complaint is only a charge and is not evidence of guilt.  Trial cannot be held on felony charges in a complaint.  When the investigation is completed, a determination will be made whether to seek a felony indictment.