Guatemalan Illegal Alien With Prior Conviction for Attempted Rape Found Guilty of Illegal Reentry

Yesterday, in federal court in Brooklyn, Maynor Perez Baten, a national of Guatemala, was convicted of illegal reentry into the United States having previously been deported after a conviction for an aggravated felony. In November 2022, Perez Baten was found in the Eastern District of New York without the consent of the Secretary of Homeland Security to apply for readmission. The verdict was returned after a two-day trial before United States District Judge Ramon E. Reyes. When sentenced, Perez Baten faces up to 20 years in prison.

Joseph Nocella, Jr., United States Attorney for the Eastern District of New York and Michael Alfonso, Acting Special Agent in Charge, Homeland Security Investigations, New York (HSI New York), announced the verdict.

"With today's verdict, the defendant has been held accountable for brazenly re-entering the United States after he was deported for a serious felony conviction, the attempted rape of a child, and then endangering the community once again by driving a vehicle under the influence of alcohol," stated United States Attorney Nocella. "The defendant clearly has no respect for the laws of our nation and will be returned to Guatemala after completing his sentence."

"Maynor Perez Baten's attempted rape of a child and his subsequent decision to illegally re-enter the United States highlight his flagrant and repeated disregard for the criminal justice system," stated HSI New York Acting Special Agent in Charge Alfonso. "His choice to return after removal, without authorization and despite his depraved felony record, demonstrates a brazen contempt for community safety and the rule of law that protects it. I commend personnel from HSI New York and the U.S. Attorney's Office for the Eastern District of New York for their unyielding commitment to identifying, investigating, and arresting violent offenders who pose a threat to those we are sworn to serve."

According to court filings, Perez Baten illegally entered the United States in 2009. In May 2011, he was arrested on a felony charge of first-degree rape. The victim was 12 years old. In October 2011, Perez Baten was convicted of attempted rape in the first degree and sentenced to 42 months' imprisonment. The defendant was released from New York State custody in April 2014 and deported to Guatemala. Perez Baten later returned to the United States illegally a second time, after which he was arrested by members of the New York City Police Department for driving while intoxicated in Staten Island. In April 2024, he was indicted for illegal reentry by a grand jury in the Eastern District of New York.

The government's case is being handled by the Office's General Crimes Section. Assistant United States Attorney Vincent Chiappini is in charge of the prosecution with the assistance of Paralegal Specialist Cleon Thomas.

The Defendant:

MAYNOR PEREZ BATEN
Age: 36
Staten Island, New York

E.D.N.Y. Docket No. 25-CR-130 (RER)