Deportee faces prison term for probation violation (Austin Post-Bulletin)

Deportee faces prison term for probation violation
10/1/2008 8:35:38 AM

By Tim Ruzek
Post-Bulletin, Austin MN

Gilberto Alejo-Ubaldo was deported to Mexico twice in 2007.

But the 22-year-old Austin man and convicted felon returned to the United States each time and traveled back to Austin.

After his last deportation in June 2007, Alejo-Ubaldo came in contact with law enforcement officials at least three times while in the country but was finally stopped and jailed in Austin last month, when he allegedly drove past a stop light in the city, leading a Mower County sheriff's deputy to stop him.

Despite his use of a false name, Alejo-Ubaldo, who said he never had been booked into the Mower County Jail, eventually admitted his real identity when officials found his old jail mug shot after searching for "Alejo" -- which is tattooed in black letters on the back of his neck. He has used at least two aliases, authorities say.

Alejo-Ubaldo, 200 Fifth Place N.W., Apt. A, is in jail awaiting re-sentencing today for violating probation on convictions of felony aggravated forgery and lesser counts of interfering with privacy and indecent exposure.

Alejo-Ubaldo admitted to the violations, documents show. He's to have a re-sentencing hearing within a week and is being detained until then.

Prosecutors want to impose a previously stayed one-year prison term for Alejo-Ubaldo from March 2007, which led to his first deportation. He was supposed to notify state corrections officials if he returned to the United States.

A probation report filed this month says Alejo-Ubaldo was deported March 21, 2007, and June 6, 2007.

The felony case stems from Alejo-Ubaldo getting caught with a razor blade in his pocket in November 2006 near a northeast Austin home, where he was peeping into windows at a woman and trying to get into the residence. A man at the home held Alejo-Ubaldo until police arrived.

It was the fourth time in a month Alejo-Ubaldo had prowled the home, a criminal complaint says.

A 17-year-old Austin girl also identified Alejo-Ubaldo as the man who exposed himself to her two weeks prior, after knocking on her bedroom window.

In May 2007, federal immigration officials apprehended Alejo-Ubaldo in Austin along with 19 other people in the country illegally. They listed Alejo-Ubaldo and two other men by name with their criminal history as examples of the people focused on in the search.

Tim Counts, an Immigration and Customs Enforcement official in the Twin Cities, said Thursday he doesn't have figures on how often deportees return, "but it's certainly not unusual."

Federal prosecutors, he said, could review Alejo-Ubaldo's case for possible charges for re-entering the United States after deportation, which could net him two to 20 years in prison.

Alejo-Ubaldo also faces charges from his Sept. 18 arrest, including giving a police officer a false name, driving after revocation and having no proof of insurance.