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Illegal Alien Sentenced to Prison and Supervised Release for Assaulting CBP Officer

HSI Nogales investigation lands man 51-month prison sentence for assaulting CBP officer

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NOGALES, Ariz. — In mid-February, a federal judge sentenced a Sonora, Mexico man to 51 months in federal prison followed by three years of supervised release for assaulting a U.S. Customs and Border Protection (CBP) officer. Homeland Security Investigations (HSI) Nogales investigated the case.

“Working at the ports of entry securing our nation’s borders is important and at times, dangerous, work. However, to be intentionally assaulted by an unruly person seeking to evade our nation’s laws is not a danger CBP officers should have to face,” said HSI Arizona Special Agent in Charge Scott Brown. “This sentencing demonstrates the continued commitment of HSI to arrest and bring to justice those who violently attack law enforcement officers.”

Cesar Alejandro Avendano-Soto, 21, of Nogales, Sonora, Mexico, pleaded guilty to one count of assault on a federal officer resulting in bodily injury. The court also scheduled a restitution hearing for April 25.

On March 24, 2020, Avendano-Soto attempted to enter the United States at a port of entry in Nogales, Arizona. After being asked for proof of citizenship, Avendano-Soto became angry and intentionally slammed a CBP officer to the ground, where her head hit the concrete.

Assistant United States Attorney Sarah B. Houston, District of Arizona, Tucson, prosecuted the case.

HSI encourages members of the public to report crimes or suspicious activity by calling the HSI tip line at 866-347-2423. The tip line is manned 24 hours a day.

HSI is the principal investigative arm of the U.S. Department of Homeland Security (DHS), responsible for investigating transnational crime and threats, specifically those criminal organizations that exploit the global infrastructure through which international trade, travel, and finance move. HSI’s workforce of more than 8,700 employees consists of more than 6,000 special agents assigned to 237 cities throughout the United States, and 93 overseas locations in 56 countries. HSI’s international presence represents DHS’s largest investigative law enforcement presence abroad and one of the largest international footprints in U.S. law enforcement.


CNBNews Question: His sentence includes three years of supervised release. How is this illegal alien allowed to stay in the United States after completing his prison sentence? Why isn't he deported?