State firearm, drug charges turn to federal case on man accused of being illegal immigrant

Article author: 
Maxine Bernstein
Article publisher:
Article date: 
Saturday, April 29, 2017
Article category: 
Article Body: 

An undocumented immigrant out on bail kept showing up to court in Portland to face state gun and drug charges until federal immigration agents ran his name and took him into custody on a deportation order.

The man's defense attorney described the case as "fairly extraordinary,'' noting his client, Jose Alfredo Bustos-Bustos, followed court orders to appear when necessary, despite the current national crackdown on illegal immigration.

"Only after leaving his third court appearance was he picked up by immigration officials,'' said Assistant Federal Public Defender Stephen Sady.

On Friday, a federal judge ordered Bustos-Bustos, 30, to remain in custody pending trial on new federal charges, including illegal alien in possession of a firearm and possession with intent to distribute methamphetamine.

U.S. Magistrate Judge Stacie B. Beckerman found Bustos-Bustos a danger to the community based on the nature of the alleged offenses...

A fingerprint suspected to be from a child under age 4 was found on the AR-15 rifle, Assistant U.S. Attorney Peter Sax said.

Officers also noticed a statute in the apartment of Mexican folk saint Jesus Malverde -- described by Beal in an affidavit as the "patron saint of drug traffickers.''

Court records in Multnomah County indicate Bustos-Bustos' children were taken into protective custody after his arrest.

He was arraigned in Multnomah County Circuit Court on Jan. 25, and the next day, posted 10 percent of his $110,000 bail and was released...

On March 24, according to the federal complaint, Special Agent Shawn Mohr, a deportation officer with U.S. Immigration and Customs Enforcement, wrote a report that a computerized check on Bustos-Bustos revealed he faced a previous deportation order out of California. Bustos-Bustos, as a result, was transferred to a federal facility in Tacoma.

The federal complaint was issued April 24. Bustos-Bustos was taken back into custody by Gresham police on April 25 on the federal gun and drug charges...

His wife, Miriam Karina Avila, 25, is out of custody, facing possession and delivery of methamphetamine and cocaine allegations...

Before Bustos-Bustos was returned to federal custody in Portland, Avila was granted permission to leave Oregon to travel to a detention center in Tacoma to visit her husband on weekends, according to court records.

Jose Alfredo Bustos-Bustos, who was out of custody on state drug and firearms charges since a January arrest, has now been detained on new federal charges, including illegal alien in possession of a firearm. A U.S. magistrate judge on Friday ordered he remain in custody pending trial.