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USA v. Batz-Velasquez — Magistrate recommends accepting guilty plea to illegal re-entry

Reported / Citable

Case
United States of America v. Jonathan Estibenz Batz-Velasquez
Court
U.S. District Court for the Western District of Texas (Austin Division)
Judge
DUSTIN M. HOWELL (Judges of the U.S. District Court for the Western District of Texas, 2021)
Date Decided
June 25, 2026
Docket No.
1:26-cr-00308-DAE
Topics
Immigration law; Criminal procedure; Guilty plea
Source
Read the full opinion

Background

Jonathan Estibenz Batz-Velasquez appeared before the Magistrate Judge on June 22, 2026, represented by counsel. The defendant was charged with illegal re-entry of a deported alien, a felony violation of 8 U.S.C. § 1326(a). No plea agreement was in place. The Magistrate Judge conducted the standard Rule 11 admonishments, ensuring the defendant understood the nature of the charge, possible penalties, and his constitutional rights.

The Court’s Holding

The Magistrate Judge found that the defendant’s guilty plea was valid and recommendable for acceptance by the District Court. The court determined that Batz-Velasquez entered the plea knowingly and voluntarily, with full understanding of the charge and its consequences. The defendant was competent to enter the plea and did not waive his appellate rights. The Magistrate Judge found a factual basis for the plea.

The Magistrate Judge recommended that the District Court accept the guilty plea and, after reviewing the presentence investigation report, enter a Final Judgment of guilt against the defendant.

Key Takeaways

  • Defendant pled guilty to felony re-entry under 8 U.S.C. § 1326(a) without a plea agreement
  • Magistrate found the plea knowing, voluntary, and legally sufficient under Federal Rule of Criminal Procedure 11
  • The recommendation is subject to District Court review and final acceptance or rejection

Why It Matters

This case illustrates the procedural safeguards courts apply to felony guilty pleas in immigration removal cases. The Rule 11 colloquy ensures defendants knowingly waive trial rights and understand the consequences of conviction. Illegal re-entry cases, prosecuted under § 1326(a), carry significant penalties and continue to be a substantial portion of federal criminal dockets.

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