ALBANY, N.Y. — A Nicaraguan national and former tactical instructor was sentenced to 51 months in federal prison for violently assaulting a Homeland Security Investigations special agent during an immigration arrest in upstate New York, the Department of Justice announced.
U.S. District Judge Mae A. D’Agostino handed down the sentence in Albany to Michel Manuel Garcia Rojas, who pleaded guilty on Feb. 9 to a single-count indictment charging assaulting, resisting, and impeding a federal officer in violation of 18 U.S.C. Section 111(a)(1) and (b). First Assistant U.S. Attorney John A. Sarcone III, HSI Buffalo Acting Special Agent in Charge Anthony Patrone, and ICE Enforcement and Removal Operations Buffalo Acting Field Office Director Philip Rhoney announced the sentence.
“The violent assault of a federal agent by a criminal alien, is the unfortunate result of the prior administrations failed immigration policies,” Sarcone said. “Thanks to the Laken Riley act, violent aliens such as this defendant can be detained and removed from our country. Let Mr. Garcias Rojas be an example to anyone who interferes with and/or assaults members of law enforcement — conducting lawful enforcement actions, this administration will leverage the resources of the federal government to enact justice and protect the American people.”
The case began in March 2025 when the Rotterdam Police Department detained Garcia Rojas on misdemeanor charges including petit larceny. Pursuant to the Laken Riley Act, federal agents attempted to detain Garcia Rojas and his partner upon their release from Rotterdam Police custody for immigration removal proceedings based on their lack of lawful authority to be in the United States. While handcuffed, Garcia Rojas resisted arrest and fled. During the encounter, he repeatedly threw the HSI special agent into an exterior door inside a vestibule, preventing police officers inside the building from coming to the agent’s aid. The assault caused multiple injuries. Audio and video surveillance captured the agent calmly telling Garcia Rojas to “stop resisting” while the illegal immigrant screamed in rage. He was ultimately subdued through the force of several law enforcement agents and the use of tasers.
“This defendant, trained in defensive tactics, ran from federal agents, fought them and continued to resist in attempt to flee and attack law enforcement,” Patrone said. “Across the nation and here in New York, law enforcement personnel — enforcing the laws as they exist — are operating in an increasingly complex and dangerous threat environment. Despite the growing threats, HSI remains resolute in our mission to protect our communities and uphold the law. We stand united with our law enforcement partners and the communities we serve and will ensure that any attack on law enforcement is vigorously investigated and prosecuted.”
“The assault on our HSI colleague while in the course of their official duties comes at a time when open border activists routinely demonize ICE for enforcing the laws passed by Congress, and blatantly false anti-ICE rhetoric from irresponsible politicians is at an all-time high,” said Rhoney. “Criminals and agitators will not stop us from carrying out our mission in a way that best serves national security, public safety and border security. I remain grateful to our officers and our federal partners for their work to keep violent illegal aliens off the streets in our state and our country.”
Assistant U.S. Attorney Benjamin Clark prosecuted the case. Garcia Rojas faces federal custody followed by removal proceedings.