Criminal Alien of the Week Report October 30, 2023
The “Criminal Alien of the Week Report” in the last week of October 2023 has for your radio listeners and webpage followers the case of a foreign national who was previously found guilty, convicted and sentenced by a judge to prison for sex crimes against young woman and drug trafficking crimes out of Washington County, Oregon.
Some historical background information, Silvestre Cervantes-Avila was initially arrested on Monday, November 10, 2008 by the Beaverton Police Department (BPD) for the alleged rape and sodomy of a 19-year-old woman at gun point.
After being arrested, Silvestre Cervantes-Avila (Case Number: C082678CR; SID: 17665325; DOB: 06/16/1987), age 21, was incarcerated at the Washington County Jail (WCJ) located in Hillsboro, Oregon where jail records in possession of the “Criminal Alien of the Week Report” indicate he was charged with one count of First Degree Rape, one count of First Degree Sodomy, one count Unlawful Use of Weapon, one count of Unlawful Manufacture of Methamphetamine, one count of Unlawful Delivery of Methamphetamine, one count of Unlawful Possession of Methamphetamine, one count Unlawful Manufacture of Cocaine, one count of Unlawful Delivery of Cocaine and one count of Unlawful Possession of Cocaine. Furthermore, Silvestre Cervantes-Avila on November 11, 2008 had a U.S. Immigration and Customs Enforcement (ICE) immigration detainer lodged on him.
A OREGON JUDICIAL DEPARTMENT – Online Records Search done on October 4, 2023 by the “Criminal Alien of the Week Report” confirmed Silvestre Cervantes-Avila (Case Number: C082678CR) on November 12, 2008 in Washington County Circuit Court was charged with one count of First Degree Rape, one count of First Degree Sodomy, one count Unlawful Use of Weapon, one count of Unlawful Manufacture of Methamphetamine, one count of Unlawful Delivery of Methamphetamine, one count of Unlawful Possession of Methamphetamine, one count Unlawful Manufacture of Cocaine, one count of Unlawful Delivery of Cocaine and one count of Unlawful Possession of Cocaine (Note: On November 12, 2008 the issue of Silvestre Cervantes-Avila (Case Number: C082678CR) having “ICE Hold” on him was included in online court records).
On April 7, 2009 in Washington County Circuit Court Silvestre Cervantes-Avila was found guilty for the crimes of one count of First Degree Rape, one count of First Degree Sodomy, one count Unlawful Use of Weapon, one count of Unlawful Manufacture of Methamphetamine, one count of Unlawful Delivery of Methamphetamine, one count of Unlawful Possession of Methamphetamine, one count Unlawful Manufacture of Cocaine, one count of Unlawful Delivery of Cocaine and one count of Unlawful Possession of Cocaine (Note: Silvestre Cervantes-Avila (Case Number: C082678CR) was provided with a Spanish language interpreter during the prosecution and resolution of this criminal case.).
On April 16, 2009 Silvestre Cervantes-Avila was convicted and sentenced in Washington County Circuit Court to serve 260-months in Oregon Department of Corrections (DOC) prison system.
On May 1, 2009 Silvestre Cervantes-Avila (Case Number: C082678CR; SID: 17665325; DOB: 06/16/1987) was identified by Oregon Department of Corrections’ prison officials as being a criminal alien with an ICE immigration detainer lodged on him while he was in the custody of the DOC prison system at the Coffee Creek Correctional Facility (CCCF) Intake Center located in Wilsonville, Oregon.
On June 23, 2020 Silvestre Cervantes-Avila (Case Number: 20CV21463) sought “Post Conviction Relief.”
Back to the present, on May 5, 2023 a Marion County Circuit Court judge granted “Post-Conviction Relief” to Silvestre Cervantes-Avila (Case Number: C082678CR) that vacated some of his criminal convictions of one count of First Degree Rape, one count of First Degree Sodomy and one count Unlawful Use of Weapon and remand them back to Washington County for further proceedings.
Since May 10, 2023 Silvestre Cervantes-Avila (Case Number: C082678CR; DOB: 06/16/1987), now age 36, has been back incarcerated at the Washington County Jail (WCJ) located in Hillsboro, Oregon where online jail information indicates he has been again charged with one count of First Degree Rape, one count of First Degree Sodomy, one count Unlawful Use of Weapon, one count of Unlawful Manufacture of Methamphetamine, one count of Unlawful Delivery of Methamphetamine, one count of Unlawful Possession of Methamphetamine, one count Unlawful Manufacture of Cocaine, one count of Unlawful Delivery of Cocaine and one count of Unlawful Possession of Cocaine.
Seeking information on Silvestre Cervantes-Avila’s immigration status on Thursday, October 5, 2023 the “Criminal Alien of the Week Report” contacted via e-mail U.S. Immigration and Customs Enforcement (ICE) Public Affairs for the Northwest Region.
On Thursday, October 26, 2023 an ICE Public Affairs Officer (PAO) responded via e-mail with the following statement on Silvestre Cervantes-Avila:
“ICE officers make enforcement decisions on a case-by-case basis in a professional and responsible manner, informed by their experience as law enforcement officials and in a way that best protects against the greatest threats to the homeland.
ON BACKGROUND:
Silvestre Cervantes-Avila, 36, is a Mexican national convicted April 7, 2009, by the Circuit Court of the State of Oregon for Washington County on charges related to drug trafficking and was sentenced to 260 months. U.S. Border Patrol encountered Cervantes-Avila on three separate occasions: July 28, 2003; August 19, 2006; and August 26, 2006, he was issued a voluntary return to Mexico each time. Seattle Enforcement and Removal Operations (ERO) originally encountered Cervantes-Avila Nov. 11, 2008, following his arrest by the Beaverton Police Department, and placed an immigration detainer the same day. Although convicted in 2009, Cervantes-Avila is being re-tried for some of the charges and is currently being held at the Washington County Jail in Hillsboro, Oregon, awaiting criminal trial.” – ICE Public Affairs Spokesperson.
Summing up the topic of this week’s report, Mexican national Silvestre Cervantes-Avila, issued by U.S. Customs and Border Protection (CBP) three times voluntary return from the United States to Mexico, apparently unlawfully present in the country, after spending more than 14-years (May 1, 2009 – May 10, 2023) in the Oregon Department of Corrections (DOC) prison system with hundreds criminals aliens with immigration detainers incarcerated for sex crimes is getting another chance prove his innocence in Washington County Circuit Court during a trial scheduled for May 7, 2024 in Hillsboro, Oregon.
The “Criminal Alien of the Week Report” will continue to follow the Washington County District Attorney’s Office (WCDAO) prosecution of criminal case against Silvestre Cervantes-Avila (Case Number: C082678CR) to find out if the WCDAO is successful once again in bringing some form of justice, looking back in time, to a then 19-year-old woman who though crime evidence was found to have been sexually assaulted at gun point.
A special thank you goes out to the U.S. Immigration and Customs Enforcement (ICE) Public Affairs team who contributes significant information to help make the “Criminal Alien of the Week Report” possible.
Lars, the last week in October 2023 and another “Criminal Alien of the Week Report” for Lars Larson Show KXL FM 101.1 Pacific Northwest radio listeners and website followers.
David Olen Cross
docfnc
https://docfnc.wordpress.com/