Suspect crosses border twice, defying immigration agents

A petty criminal and illegal immigrant from Mexico who left the country twice this year under the observation of federal agents is back in custody in Hawaii.

Palemon Delatorre, 37, pleaded not guilty Tuesday to one count of re-entering the country after deportation, before U.S. District Magistrate Judge Kevin Chang. His trial is scheduled for August.

In May, another judge ordered Delatorre held without bail at the Federal Detention Center in Hono­lulu, considering him a flight risk and danger to the community.

Kona police arrested Delatorre in November for investigation of contempt of court related to earlier convictions for driving without a license, failing to place a child younger than 4 in a seat belt, and driving without insurance, court documents say.

Police notified federal immigration agents, who arrested Delatorre and charged him with immigration violations, including being an alien convicted of acts related to moral corruption.

A judge granted Delatorre the opportunity to voluntarily leave the U.S. in January. On Feb. 6, a federal agent in Hawaii watched Delatorre get on a flight to Los Angeles, where another agent verified Delatorre left on a flight to Mexico, the documents say.

But Kona police arrested Delatorre again on March 11 and turned him over to immigration officials who arrested Delatorre a second time for immigration violations. An immigration judge ordered him to be removed from the U.S., unable to return for 10 years.

On April 2, a federal agent watched Delatorre walk across the Mexican border in San Ysidro, Calif.

But on April 11, Delatorre was back in Kona, stealing less than $100 worth of merchandise from Safeway, court documents say. He was convicted in May and sentenced to 16 days in jail.

Immigration officials arrested Delatorre for the third time after he was released from Hawaii Community Correctional Center.

After his arrest, Delatorre told federal agents that he was born in Jalisco, Mexico, and re-entered the U.S. without permission because he has three children who are U.S. citizens and live in Kona, documents say.

If convicted, Delatorre faces a sentence of up to two years in prison, Assistant U.S. Attorney Tracy Hino said.

Hino did not know how Delatorre re-entered the U.S., but said immigration officials will likely reinstate the order to remove Delatorre after the criminal case ends.

He said the government would likely pay for Delatorre’s ticket to leave as it did in April. Delatorre paid for his own ticket when he voluntarily left in February.

Delatorre has 22 criminal convictions from 1996 to last year, including theft, harassment, a liquor violation, drugs and shoplifting, according to the Hawaii Criminal Justice Data Center website.