DACA Illegal Alien Who Previously Molested a Toddler Sentenced for Immigration Fraud

NEW BERN, N.C. - A federal judge sentenced Jeffry Jose De Pena, 39, an illegal alien born in the Dominican Republic, to 7 months in federal prison followed by 3 years of supervised release. On March 11, 2026, De Pena pleaded guilty to immigration fraud.

"We will not let child molester spiders take advantage of our society's most precious treasures, our children." said U.S. Attorney Ellis Boyle. "This DACA illegal alien will no longer cheat to prey on the citizens of Eastern North Carolina. He better stay out."

On February 20, 2023, in Wake County, North Carolina Superior Court, a grand jury returned three indictments against De Pena which collectively charged him with having committed five counts of indecent liberties with a child and seven counts of first-degree sex offense with a child by an adult from January 1, 2007, through January 1, 2012. On March 21, 2024, a jury convicted De Pena for the crimes of indecent liberty with a child and first-degree sex offense with a child by an adult. The victim was a 3-year-old toddler. He was sentenced to a term of imprisonment of between 25 and 35 years and ordered to register as a sex offender.

De Pena confessed to knowingly making a materially false statement under penalty of perjury when he submitted his Form I-821D, Consideration of Deferred Action for Childhood Arrivals (DACA), to U.S. Citizenship and Immigration Services (CIS) in December of 2021. He responded "NO" to the question: "Have you EVER engaged in, ordered, incited, assisted, or otherwise participated in any of the following:…[a]ny kind of sexual contact or relations with any person who was being forced or threatened? CIS approved the application on January 5, 2022. Immigration officials did not know about his crimes prior to approving his application.

Ellis Boyle, U.S. Attorney for the Eastern District of North Carolina, made the announcement after U.S. District Judge Louise W. Flanagan sentenced the defendant. ICE ERO investigated the case as part of Operation False Haven - an ongoing initiative purpose-built to target child molesters and other egregious felons who fraudulently obtain immigration benefits. Upon completion of his prison sentence De Pena will be transferred to ICE custody for removal from the U.S.

A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North CarolinaLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link. or on PACERLinks to other government and non-government sites will typically appear with the "external link" icon to indicate that you are leaving the Department of Justice website when you click the link. by searching for Case No. 5:25-CR-00288-FL.