ICE arrests Mexican national convicted twice for felony DWI in New York

Buffalo, N.Y. – Immigration and Customs Enforcement arrested Mexican national and convicted felon Juan Cruz-Gallegos pursuant to a warrant of arrest June 11, in Hudson, New York.

ICE apprehended the illegal alien after local authorities failed to return him to ICE custody despite a judge’s order specifically requiring his return at the conclusion of his local criminal proceedings for aggravated driving while intoxicated.

Cruz it is illegally present alien from Mexico with a significant history of driving while intoxicated and at least one incident involving a minor in the vehicle. Due to the significant public safety threat he posed, ICE Buffalo cancelled Cruz’s bond and arrested him Nov. 7, 2023. ICE subsequently released him to the custody of Columbia County, New York, Dec. 15, 2023, pursuant to a writ of habeas corpus issued by a Columbia County Court judge. Per the writ, Cruz was turned over to Columbia County Sheriff’s Office to face his criminal charges. The writ further authorized the New York State Police to assume custody of Cruz with the explicit condition he be returned to ICE custody upon resolution of the indictment or at the request of ICE. However, instead of returning Cruz to ICE custody as ordered, the NYSP released him when his criminal proceedings concluded.

“This criminal alien was in ICE custody when a Colombia County Court Judge ordered that he be turned over to NYSP and brought to Colombia County Court to face additional criminal charges. ICE complied. The judge ordered further that Cruz be immediately returned to ICE custody at the conclusion of his court appearance. This was not a detainer request. This was a judicial order. Whether it was malicious intent or simple miscommunication that caused him to be released into the community contrary to a court order, sanctuary jurisdictions undermine the rule of law and endanger the lives of Americans and law enforcement,” said ICE Enforcement and Removal Operations acting Deputy Field Office Director Philip Rhoney. “When you have a criminal alien like Cruz, who so clearly poses a significant threat to public safety, it is inconceivable that law enforcement is prevented from doing the right thing, which is turning these criminals over to ICE in a safe, controlled environment. It’s time for politicians to put public safety ahead of politics and stop protecting criminal aliens at the expense of citizens and legal residents of New York.”

Cruz’s criminal history

• October 24, 2013 – arrested for DWI; aggravated DWI-child in vehicle; back seat passenger less than 4 and no/improper restraint; unlicensed operator; failed to dim headlights; and front seat passenger aged 4-7 with no/improper restraint:
• March 17, 2014 – convicted of aggravated DWI with a child/passenger less than 16: sentenced to five years of probation.
• March 20, 2018 – Cruz violated his probation as he was arrested and charged with the commission of the crimes of aggravated unlicensed operation; unregistered motor vehicle; and consumption of alcohol in a motor vehicle: sentenced to continued probation.
• May 28, 2023 – arrested and charged with DWI and aggravated DWI: BAC of .18 of 1% or more alcohol in blood.
• Aug. 17, 2023 – arrested and charged with DWI: previous conviction of offence within 10 years and aggravated DWI: .18 of 1% or more alcohol -1 prior conviction within 10 yrs.
• Oct. 18, 2023 – arrested and charged with DWI and aggravated DWI: BAC of .18 of 1% or more alcohol in blood.
• Nov. 3, 2023 – arrested for burglary: charges pending.
• May 6, 2024 – convicted upon guilty plea of DWI previous conviction of designated offence within 20 years: sentenced to five years of probation.

Cruz is detained at Buffalo Federal Detention Facility for his removal proceedings.

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Source: U.S. Immigration and Customs Enforcement (ICE.gov)