After being in jail for seven months, Gilberto Reyes-Herrera, a local farm worker who has many supporters in the Penn Yan community, pleaded guilty in Federal Court in Rochester Jan. 24 to one charge of unlawful re-entry by a previously deported or removed alien.
Judge Charles Siragusa sentenced Reyes-Herrera to time served, and the criminal complaint was dismissed. The maximum sentence is up to two years in prison and a fine of up to $250,000.
With the agreement, Reyes-Herrera has given up his right to appeal.
He is being held in a U.S. Border Patrol facility in Batavia. His immigration attorney, Carole Livsey, has filed a stay of removal motion.
He is likely to appear before an immigration judge, who could send him back to Mexico.
According to reports from the courtroom, Reyes-Herrera told the judge, “My heart is destroyed from separating from my family.”