ICE deports man to South America, then finds out he wasn’t supposed to leave the country for one alarming reason

Federal immigration authorities let a key suspect in what may be the largest jewelry heist in US history deport himself to South America in December. This happened while federal prosecutors were preparing for his trial, leaving them completely shocked by the mistake.

According to the Guardian, Jeson Nelon Presilla Flores was charged in connection with the theft of nearly $100 million worth of goods. Because of this major error, he has avoided facing justice in the United States, at least for now.

Flores was one of seven people charged last year for the 2022 theft. The suspects followed an armored truck heading to a rural rest stop north of Los Angeles. They stole millions in diamonds, emeralds, gold, designer watches, and rubies. If convicted of conspiracy to commit theft from interstate and foreign shipment, Flores could have faced up to 15 years in federal prison. He had pleaded not guilty to the charges.

This deportation reveals a serious breakdown in government communication

Flores was a lawful permanent resident and had been released on bail while waiting for trial. However, he was taken into Immigration and Customs Enforcement (ICE) custody in September. Court filings show that Flores chose deportation to Chile during an immigration hearing on December 16, though he was actually sent to Ecuador. While the judge denied his request for voluntary departure, a final removal order was issued, and the federal government deported him in late December.

The biggest problem was the complete lack of communication between agencies. Federal prosecutors said in court filings they had no idea Flores even had an immigration detainer against him. This case adds to growing concerns about ICE’s controversial detention practices that have sparked public debate. 

Former federal prosecutor Laurie Levenson said this situation is extremely rare and alarming, especially for such a serious case. “It’s just beyond me how they would deport him without the prosecutors … being in on the conversation,” Levenson said.

Normally, when a criminal defendant also faces immigration proceedings, immigration officials must inform prosecutors about what’s happening. While self-deportation sometimes occurs in minor cases instead of prosecution, it should never happen in a multi-million-dollar heist case. The agency has faced criticism before, with political figures condemning ICE-related incidents in various contexts.

This mistake has started a serious legal battle. Flores’s attorney, John D Robertson, filed a motion asking the court to permanently drop the charges against his client. He argues the deportation violated his client’s criminal prosecution rights. Prosecutors are opposing the motion but want the charges dropped “without prejudice.”

This legal term means Flores could still face criminal prosecution if he ever returns to the United States. “Prosecutors are supposed to allow the civil immigration process to play out independently while criminal charges are pending,” federal prosecutors wrote. 

“That is exactly what they did in this case, unwittingly to defendant’s benefit in that he will now avoid trial, and any potential conviction and sentence, unless and until he returns to the United States.” The heist happened in July 2022 after suspects followed a Brinks truck leaving an international jewelry show near San Francisco. 

Court documents show one driver was asleep in the truck while the other was getting food at the rest stop when the thieves struck. The victims claim losses totaled over $100 million, though Brinks disputed this figure, saying the stolen items were worth less than $10 million.