U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) Boston has arrested Emilio Jose Pena-Casilla, a 46-year-old Dominican national unlawfully present in the United States, who faces serious charges including assault to rape, kidnapping, indecent assault and battery, and witness intimidation.
According to ICE, a Massachusetts court ignored its request to detain Pena-Casilla, allowing him to remain free until his recent apprehension by ERO officers on December 17.
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Pena-Casilla’s legal troubles began after U.S. Border Patrol agents apprehended him for unlawfully entering the United States near Eagle Pass, Texas, on January 9, 2023. He was placed in removal proceedings and enrolled in ICE’s Alternatives to Detention (ATD) program. However, he was released on his own recognizance the following day and later terminated from the ATD program in February 2023.
In July 2023, the Dorchester District Court arraigned Pena-Casilla on multiple charges, including assault to rape, kidnapping, and two counts of indecent assault and battery. Despite ERO Boston issuing an immigration detainer, the court released him on bail with GPS monitoring.
In September, the Suffolk County Superior Court indicted Pena-Casilla on the same charges, and the Dorchester District Court dismissed its earlier case. Pena-Casilla was again released pending trial.
Acting Field Office Director Patricia H. Hyde of ERO Boston emphasized the seriousness of the allegations.
“Emilio Jose Pena-Casilla stands accused of some very serious offenses against a Massachusetts resident,” Hyde said. “We hold a sacred duty to protect the residents of our communities, and we will continue to do so by apprehending and removing egregious noncitizen offenders from our neighborhoods. Today, another victim in Massachusetts no longer needs to fear their predator.”
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Despite multiple immigration detainers issued by ERO Boston, Pena-Casilla was released on bail by the Dorchester District Court and later by the Suffolk County Superior Court.
These detainers request state or local law enforcement agencies notify ICE before releasing a noncitizen from custody, allowing ICE up to 48 hours to assume custody for removal purposes.
Pena-Casilla remains in ICE custody as federal and local authorities continue to pursue legal proceedings.
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