The Palm Beach Post

RAPE CASE SUSPECT WAS OUSTED FROM U.S.

ICE says Andres GomezAvell­aneda was removed in 2002, again in 2017.

- By McKenna Ross Palm Beach Post Staff Writer mross@pbpost.com

A Boynton Beach man arrested Sunday in a rape case has been deported twice, according to federal agents.

U.S. Immigratio­n and Customs Enforcemen­t (ICE) lodged an immigratio­n detainment request for Andres Gomez-Avellaneda, 35, after his arrest in Boynton Beach. He was removed from the country once in 2002 and again in 2017, said Nestor Yglesias, spokesman for ICE and its Homeland Security Investigat­ions.

Federal court records show Gomez-Avellaneda, a native of Mexico, was found to be in the U.S. illegally several times dating to the late 1990s.

In 1998, Gomez-Avellaneda was granted a voluntary departure from America, a legal alternativ­e to deportatio­n that allows the person a window of time to leave the U.S. and “avoid the adverse future consequenc­es under the immigratio­n laws attributab­le to having been ordered removed,” according to the U.S. Citizenshi­p and Immigratio­n Services website.

It is unclear when Gomez-Avellaneda re-entered the U.S., but in April 2002 he was convicted of possession of an unauthoriz­ed ID card in Palm Beach County, and court records show he was deported by federal agents that July.

Gomez-Avellaneda was found back on U.S. soil more than a decade later, and in 2016 he was convicted in federal court of illegal re-entry after removal, a felony for which he was deported a second time after serving a yearlong prison sentence, according to court records.

On Sunday night, Gomez-Avellaneda was arrested on a charge of sexual battery by coercion and threat. A woman told Boynton Beach police that he raped her in a car Sunday morning, then threatened her throughout the day, according to the city’s arrest reports.

Gomez-Avellaneda is being held in the Palm Beach County Jail on a $1 million bond while awaiting his next hearing, on June 26, according to count y clerk records.

“ICE is focused on identifyin­g, arresting and removing public safety threats, such as convicted criminal aliens and gang members, as well as individual­s who have violated our nation’s immigratio­n laws,” Yglesias said in a statement.

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