According to the criminal complaint, Arias-Yanez, a citizen of Mexico, was deported via Del Rio, Texas, on June 21, 2016, subsequent to a conviction for voluntary manslaughter in 1990. Border patrol agents had received information about Arias-Yanez living in New Mexico. It was determined that Arias-Yanez had no authorization to be or remain in the United States and there is no evidence that he has received permission from the appropriate authority to reapply for admission to the United States.
Under federal law, an alien who previously has been arrested and convicted of a felony and subsequently deported from the United States may not lawfully re-enter the country without the consent of the appropriate authority of the United States to apply for admission.
A criminal complaint is only an accusation. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Arias-Yanez faces up to 20 years in prison.
This case was investigated by the U.S. Border Patrol in coordination with the Doña Ana County Sheriff’s Department. Assistant U.S. Attorney Christopher S. McNair is prosecuting the case.