Reported / Citable
Background
Federal prosecutors charged Yessenia Estefany Rivera-Nolasco in a one-count indictment with illegal re-entry into the United States after prior removal, in violation of 8 U.S.C. § 1326. The case was brought in the El Paso Division of the Western District of Texas.
On June 22, 2026, Rivera-Nolasco appeared before U.S. Magistrate Judge Robert F. Castaneda with counsel and entered a plea of guilty to the sole count of the indictment pursuant to a written Plea Agreement. The defendant consented to proceeding before the magistrate judge for purposes of the plea, with final approval and sentencing reserved for the presiding district judge.
The Court’s Holding
Magistrate Judge Castaneda conducted a full Rule 11 colloquy and found that Rivera-Nolasco’s guilty plea was made freely, knowingly, and voluntarily, with a sufficient factual basis to support it. The court further found that the defendant was competent, fully understood the charges, the maximum and mandatory minimum penalties, the immigration consequences, and the advisory nature of the U.S. Sentencing Guidelines. The plea was not induced by promises beyond those in the Plea Agreement, nor by any threats or force.
The magistrate judge issued a Report and Recommendation advising the district judge to accept the guilty plea and enter a judgment of guilt. The parties were placed on notice that failure to file written objections prior to sentencing may bar de novo review by the district judge and waive appellate review of factual findings adopted by the district court.
Key Takeaways
- Rivera-Nolasco pleaded guilty to illegal re-entry under 8 U.S.C. § 1326; sentencing will be conducted by the presiding district judge.
- The Plea Agreement includes a waiver of the right to appeal or collaterally attack the sentence ultimately imposed.
- The defendant acknowledged she was advised of the immigration consequences of the guilty plea, which in an immigration offense of this nature typically include permanent bars to future admission.
Why It Matters
This Report and Recommendation is a routine but procedurally significant step in a federal illegal re-entry prosecution. It illustrates the standard magistrate-judge referral process under 28 U.S.C. § 636 for guilty pleas in criminal cases in the Western District of Texas, one of the busiest federal districts for immigration-related prosecutions along the southern border.
The case also highlights the appellate-waiver provisions that are commonly included in plea agreements in this district, limiting a defendant’s post-sentencing options even where the district court declines to follow sentencing recommendations contained in the agreement.