Convicted felon illegal alien convicted for unlawfully being in United States

HOUSTON - A 36-year-old Mexican national illegally residing in Bryan has been found guilty of unlawfully reentering the country without authorization, announced Acting U.S. Attorney John G. E. Marck.

A federal jury deliberated less than three hours before finding Luis Alberto Banda Acosta guilty following a three-day trial.

The jury heard that on Feb. 4, 2024, authorities conducted a traffic stop on a pickup truck Banda was driving.

Evidence showed Banda has multiple felony convictions, including failure to identify, possession of a controlled substance and driving while intoxicated. The jury also heard that he had been previously removed from the United States on two occasions.

The defense attempted to convince the jury Banda was involuntarily present in the country under duress, was kidnapped and forced to swim across the border. However, the jury heard evidence that he was freely and voluntarily residing in the United States to include his travel to many places, receiving pay stubs and making purchases at a lingerie store.

The jury did not believe Banda's claims and found him guilty as charged. They also rejected testimony from a defense expert Jeremy Slack, disregarding his claims regarding kidnappings and forced entries into the United States.

U.S. District Judge Andrew S. Hanen presided over trial and set sentencing for June 30. At that time, Banda faces up to two years in federal prison and a possible $250,000 maximum fine.

He has been and will remain in custody pending sentencing.

Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorneys Amanda Alum and Lauren Valenti prosecuted the case with research assistance from Special Assistant U.S. Attorneys Carrie Law and Robin Whitney.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations and protect our communities from the perpetrators of violent crime.