Mexican National Found Guilty of Being an Illegal Alien in Possession of a Firearm After Overstaying Visa (DOJ)

PHOENIX, Ariz. - A Mexican national who overstayed his visa and illegally possessed a semi-automatic pistol and ammunition was convicted by a federal jury on Feb. 26, 2026.

Luis Donaldo Garcia Lopez, 31, of Guasave, Sinaloa, Mexico, was found guilty of Alien in Possession of a Firearm and Ammunition, following a three-day trial. Sentencing is scheduled for May 21, 2026, before U.S. District Judge John J. Tuchi.

According to court documents and evidence presented at trial, ICE-ERO officers learned that Garcia was unlawfully present in the United States. On Feb. 21, 2025, officers pulled Garcia over. During the stop, officers asked if he had any weapons, and Garcia stated that he had a firearm in a lunchbox inside his vehicle. Officers checked the lunchbox and found a Glock semi-automatic handgun loaded with five rounds of ammunition. An agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was called and took custody of the firearm while Garcia was arrested for immigration violations.

At trial, federal prosecutors presented evidence that Garcia was knowingly present in the United States after his period of authorized stay expired. The expiration of his period of authorized stay made him unlawfully present in the United States, and due to that status, he was not permitted to possess a firearm. Record checks showed that Garcia had a B1/B2 Border Crossing Card visa that he used to enter the United States on 27 separate occasions. Garcia's last lawful entry into the United States was July 26, 2020, when his Mexican passport was stamped with a one-year permit that expired July 24, 2021. In addition, Garcia's visa expired in March 2023. Prosecutors showed that Garcia never renewed his entry permit, never applied for a new visa, and never lawfully entered the United States after his permit and visa expired.

A conviction for Possession of a Firearm and Ammunition carries a maximum penalty of 15 years in prison, a fine of $250,000 and a maximum term of three years of supervised release.

This case is part of Operation Take Back America a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.

The Phoenix Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement's Enforcement and Removal Operations, U.S. Customs and Border Protection, Office of Field Operations; and the U.S. Department of State's Diplomatic Security Service conducted the investigation. The U.S. Attorney's Office District of Arizona, Phoenix, handled the prosecution.

CASE NUMBER: CR-25-00339

RELEASE NUMBER: 2026-046_Garcia Lopez

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