A Honduran man wanted by Warren and Fairfax county authorities now faces deportation after having come back into the United States illegally.
Warren County Sheriff’s Office deputies arrested Alvaro Enrique Bustillo-Maldonado, 35, of Honduras on Nov. 7 on a charge of being in the United States illegally. Bustillo-Maldonado also was wanted for a probation violation. Bustillo-Maldonado remained held at Rappahannock-Shenandoah-Warren Regional Jail until federal authorities took him into custody the next morning.
A grand jury convened for the U.S. District Court in Eastern District in Alexandria indicted Bustillo-Maldonado on a charge accusing him of re-entering the country after having previously been deported or removed. Bustillo-Maldonado is scheduled to appear in the court Friday for his arraignment.
Bustillo-Maldonado was found in Fairfax County on March 25, the indictment states. Federal authorities deported and removed Bustillo-Maldonado on May 28, 2013, in or near San Antonio, Texas, according to the indictment. Bustillo-Maldonado re-entered the United States without the express consent of the U.S. attorney general or the secretary of the Department of Homeland Security to reapply for admission into the country, according to previously sealed court documents.
Mark Tlumacki, a deportation officer with the U.S. Immigration and Customs Enforcement in Fairfax, Virginia, filed an affidavit dated July 6 in support of a criminal complaint and arrest warrant for Bustillo-Maldonado. ICE received information from the Fairfax County Adult Detention Center that Bustillo-Maldonado was detained in the facility, Tlumaki states. A records check confirmed that Bustillo-Maldonado is a Honduran national removed from the United States and sent back to Honduras from San Antonio, Texas, on May 28, 2013, the affidavit states.
Officers at the Fairfax jail took Bustillo-Maldonado’s fingerprints, which they processed through an ICE database of known and previously deported individuals in the country illegally, the affidavit notes. The results of the search showed positive matches to Bustillo-Maldonado and his known aliases associated with his FBI Universal Control Number and his Alien Registration Number, according to the affidavit.
The Fairfax County Police Department responded to a call from a 20-year-old woman on March 25 who claimed that Bustillo-Maldonado chocked her and prevented her from calling 911, the affidavit states. Fairfax County police obtained arrest warrants for Bustillo-Maldonado on charges of abduction, strangulation and prevention of an emergency call.
The Fairfax County Police Department received notification that the Warren County Sheriff’s Office had an active warrant for Bustillo-Maldonado’s arrest on a violation of the terms of his entry into the alcohol safety action program. The Fairfax jail notified ICE on March 25 of Bustillo-Maldonado’s arrest for the misdemeanor charge from Warren County.
Tlumacki submitted Bustillo-Maldonado’s fingerprints taken May 7, 2013 and March 25, 2018 to an FBI processing center on May 24. The FBI confirmed the two fingerprints matched, Tlumacki states.
Bustillo-Maldonado’s file lacks evidence of any immigration benefit, document or status that would allow him to enter, be admitted, pass through or live in the United States legally, the affidavit states. Bustillo-Maldonado did not obtain permission to re-enter the country after his formal removal in 2013.
Bustillo-Maldonado remains in the custody of the U.S. Marshals. A federal judge has appointed Maria N. Jacob, an attorney with the Office of the Federal Public Defender to represent Bustillo-Maldonado on the immigration charge.
A Warren County General District Court judge found Bustillo-Maldonado guilty Nov. 14, 2012, on charges of providing a false identity to avoid arrest, driving while intoxicated, driving without a license and reckless driving. The offenses occurred on July 22, 2012. A judge issued a show cause on Feb. 13, 2013, roughly two months before Bustillo-Maldonado’s removal from the country, ordering the man to appear and give reason for violating a court order. The court issued a bench warrant in April 2013 for Bustillo-Maldonado’s arrest on a charge of not complying with the alcohol safety action program as required under the terms of his probation. The court dismissed the show cause and bench warrant on Nov. 7 this year.