U.S. Attorney Michael DiGiacomo announced the arrest and charging of Jose Antonio Barcena-Ruiz, a 41-year-old Mexican citizen, with illegal re-entry into the United States. The charge carries a potential sentence of up to two years in prison and a $250,000 fine.
Special Assistant U.S. Attorney Michael J. Smith is handling the case. According to the complaint, on May 31, 2025, Homeland Security Investigations and Immigration and Customs Enforcement personnel encountered Barcena-Ruiz in Clarence, NY. During questioning about his citizenship, Barcena-Ruiz identified himself as being from Mexico and presented a Mexican passport along with a New Mexico driver’s license but lacked legal documentation for staying in the U.S. Records revealed that he had been removed from the country once in 2008, twice in 2009, and again in 2010.
Barcena-Ruiz appeared before U.S. Magistrate Judge Jeremiah J. McCarthy this morning and was detained.
This case is part of Operation Take Back America, an initiative by the Department of Justice aimed at addressing illegal immigration and dismantling cartels and transnational criminal organizations to protect communities from violent crime.
The investigation was conducted by Homeland Security Investigations under Special Agent-in-Charge Erin Keegan’s direction and Immigration and Customs Enforcement led by Acting Field Office Director Steven Kurzdorfer.
It is important to note that while charges have been filed against Barcena-Ruiz, he remains presumed innocent until proven guilty.


