Mexican citizen accused of firearm possession after visa overstay in Houston (DOJ)

Editor's Note:
This matter occurred on date indicated, but not published at that time due to government shutdown. Press release posted and made available following the return to normal operations.

HOUSTON - A 25-year-old illegal alien from Mexico has been charged with possession of a firearm, announced U.S. Attorney Nicholas J. Ganjei.

Erik Guadalupe Ibarra Venegas, who had been illegally residing in Houston, has made his initial appearance in federal court and will remain in custody pending further criminal proceedings.

According to the criminal complaint, on Oct. 28, law enforcement responded to a report of a suspicious man pushing two bicycles and carrying tools in a cul-de-sac. Authorities found Venegas walking in the middle of the road, according to the charges. When asked, he denied having any weapons but lifted his shirt to reveal a firearm in his waistband, according to the complaint.

The charges further allege Venegas had no identification and provided a fake name, but fingerprint analysis later confirmed his identity.

Court documents allege Venegas had overstayed his visa and was unlawfully present in the United States. As a result, he is prohibited under federal law from possessing firearms and ammunition.

If convicted, Venegas faces up to 15 years in federal prison and a possible $250,000 maximum fine.

Hedwig Village Police Department, Immigration and Customs Enforcement - Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Special Assistant U.S. Attorney Benjamin Smith and AUSA Byron Black are prosecuting the case.

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 and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department's Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhood.

A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.