ICE re-arrests illegal immigrant charged with attempted rape after Massachusetts court releases him

A Massachusetts court disregarded an Immigration and Customs Enforcement (ICE) detainer for a man accused of kidnapping and multiple sex crimes.

46-year-old Emilio Jose Pena-Casilla, a Dominican national, has been charged with assault to rape, kidnapping, two counts of indecent assault and battery on a person aged 14 or older, and intimidating a witness/juror/police/court official. ICE's Enforcement and Removal Operations (ERO) Boston apprehended Pena-Casilla, citing the severity of the charges.

“Emilio Jose Pena-Casilla stands accused of some very serious offenses against a Massachusetts resident,” said acting Field Office Director Patricia H. Hyde of ERO Boston. “We hold a sacred duty to protect the residents of our communities, and we will continue to do so by apprehending and removing egregious noncitizen offenders from our neighborhoods. Today, another victim in Massachusetts no longer needs to fear their predator.”

Pena-Casilla entered the US illegally near Eagle Pass, Texas, in January 2023. After being placed in ICE’s Alternatives to Detention program and enrolled in removal proceedings, he was released on his own recognizance.

Pena-Casilla was arraigned on July 15 in Dorchester District Court. ICE had issued a detainer to the Boston Police Department before the arraignment and later sent another to the Nashua Street Jail, under the Suffolk County Sheriff's Office. However, the Dorchester District Court released Pena-Casilla on bail with GPS monitoring the next day, ignoring ICE's request to hold him.

On September 11, Pena-Casilla was indicted by Suffolk County Superior Court on the same charges, leading the Dorchester District Court to dismiss its case on September 13. He remains in ERO custody.