Brazilian citizen charged with escape from the Buffalo Federal Detention Facility

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Ernando Elias Orelio, 38, a citizen of Brazil, was arrested and charged by criminal complaint with escape from custody, which carries a maximum penalty of one year in prison.

According to the criminal complaint, on May 31, 2026, U.S. Immigration and Customs Enforcement (ICE) was notified that the Watervliet City Police Department, in Albany County, NY, had arrested and charged Orelio on charges of Criminal Trespass in the 2nd Degree, Criminal Obstruction of Breathing or Blood Circulation, and Harassment 2nd Degree: Physical Contact. On June 1, 2026, Orelio was arrested by ICE, Enforcement and Removal Operations (ERO), served with a Warrant for Arrest of Alien and transported to the Buffalo Federal Detention Facility. Orelio is a citizen of Brazil with no legal immigration status in the United States and was confined at the detention facility for expulsion proceedings.

On June 7, 2026, personnel at the detention facility informed Homeland Security Investigations that Orelio had escaped. The complaint states that a detainee told a detention officer that Orelio climbed the fence and went onto the roof. The detention officer checked Orelio's cell and the recreation yard but did not locate Orelio. The officer then went to the roof and located Orelio, who then jumped off the roof to the ground, and fled on foot. Orelio was captured a short time later in a nearby wooded area.

Orelio made an initial appearance this morning before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.

The case is being prosecuted by Special Assistant U.S. Attorney Brendan Fitzgerald. The criminal complaint is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Anthony Patrone, Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction of Phillip Rhoney, the Batavia Police Department, under the direction of Chief Christopher Camp, and the Genesee County Sheriff's Office, under the direction of Sheriff Joseph Graff.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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