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CBP Officers in New York Arrest Mexican National for False Claim to U.S. Citizenship

Niagara Falls, N.Y. March 17, 2008 – U.S. Customs and Border Protection yesterday arrested a citizen of Mexico who made a false claim to U.S. citizenship at the Niagara Falls, N.Y. inspection station. This arrest was made possible by recent changes in procedures at U.S. ports of entry.

CBP officers encountered 29-year-old Celestino Gutierrez-Reynoso Sunday as he applied for entry into the United States as a pedestrian at the Rainbow Bridge border crossing. Gutierrez-Reynoso presented a valid Colorado driver’s license as proof of identity and advised the primary CBP officer that he was a U.S. citizen born in Colorado.

He further advised the CBP officer that he was returning after a five-hour visit to the Casino in Niagara Falls, Ontario. Gutierrez-Reynoso was then asked by the CBP officer for documentary proof of his U.S. citizenship. Gutierrez-Reynoso advised the CBP officer that he only had in his possession his Colorado driver’s license and stated that he thought it was sufficient documentation to cross the U.S./Canada border. It was explained to Gutierrez-Reynoso that a driver’s license was merely an identity document and was by no means proof of citizenship and was then referred for a secondary enforcement exam.

During the course of the inspection, Gutierrez-Reynoso fingerprints were electronically queried, revealing that he was not a United States citizen, but rather a Mexican national that twice had been denied a visitors visa to enter the United States. Gutierrez-Reynoso recanted his original claim to citizenship, and advised CBP officers that he was in fact a Mexican national and had originally illegally entered the United States as a small child with his parents. Gutierrez-Reynoso stated he returned to Mexico approximately five years ago, and illegally reentered the United States on foot near the Tijuana, Mexico/San Diego border. He claims to have returned to Colorado to live and work in the construction industry.

Because Gutierrez-Reynoso willfully represented himself as a citizen of the United States, he was arrested by CBP officers for false impersonation, fraud and false statements. Gutierrez-Reynoso is being held pending prosecution by the U.S. Attorney’s Western District of New York Office.

"Beginning January 31, oral claims to U.S. citizenship came to an end and travelers now are asked to present documentary proof of their citizenship," said James T. Engleman, CBP’s director of the Buffalo field office. "This case is an excellent example of why our regulations have changed."