Brothers get ‘time served’ on immigration charges

April 7, 2019

HUNTINGTON — Two Mexican men who have been in federal custody since December 2018 were given a “time served” sentence Friday for felony immigration charges, according to a news release from the Office of the U.S. Attorney for the Southern District of West Virginia.

Carlos Rodriguez-Diaz, 26, and Huber Rodriguez-Diaz, 24, were given “time served” sentences because they had already served four months in federal prison for the charge of re-entry of a removed alien.

District Judge Robert C. Chambers ordered both men remanded to ICE custody to begin administrative deportation proceedings.

The two were arrested Dec. 19, 2018, in Hurricane, West Virginia, after ICE agents received a tip that a person was working illegally at a Hurricane restaurant.

ICE agents located the brothers walking to the restaurant and requested identification. Both men immediately admitted they were not in the United States legally and had no identification.

Fingerprinting matched Carlos Rodriguez-Diaz to three prior removals from the United States in 2014, 2015 and 2018. Huber Rodriguez-Diaz had one prior removal from the United States in 2014 that his fingerprints matched.

In all cases, the Rodriguez-Diaz brothers were found by immigration judges to be in the United States illegally and they were deported to Mexico.