NC man with prior child sex conviction sentenced in immigration fraud case

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(Photo: U.S. Attorney's Office, Eastern District of North Carolina)

NEW BERN, NC (WWAY) — A 39-year-old man previously convicted in a child sex offense case has been sentenced to federal prison for immigration fraud, according to the U.S. Attorney’s Office for the Eastern District of North Carolina.

Jeffry Jose De Pena, a Dominican Republic native who was living in the United States under Deferred Action for Childhood Arrivals (DACA), was sentenced to seven months in federal prison followed by three years of supervised release after pleading guilty on March 11, 2026, to making false statements on immigration documents.

Prosecutors said De Pena falsely answered questions on his Form I-821D, the application for DACA consideration submitted to U.S. Citizenship and Immigration Services in December 2021. On the form, he denied having ever engaged in sexual contact involving coercion or force. Authorities said that statement was false.

Federal officials stated that De Pena’s DACA application was approved in January 2022, before immigration authorities were aware of his criminal history.

Prior Conviction Involving Child Victim

Court records show that De Pena was previously indicted in Wake County Superior Court in February 2023 on multiple charges, including five counts of indecent liberties with a child and seven counts of first-degree sex offense with a child by an adult, related to conduct that allegedly occurred between 2007 and 2012.

In March 2024, a jury convicted De Pena on charges of indecent liberties with a child and first-degree sex offense with a child by an adult. The victim was a 3-year-old toddler. He was sentenced to between 25 and 35 years in state prison and ordered to register as a sex offender.

Federal Sentencing and Removal Proceedings

U.S. District Judge Louise W. Flanagan imposed the federal sentence following the guilty plea. After completing his prison term, De Pena will be transferred to U.S. Immigration and Customs Enforcement (ICE) custody for removal from the United States.

Federal prosecutors said the case was investigated by ICE Enforcement and Removal Operations as part of an initiative targeting individuals who allegedly obtained immigration benefits through fraud while having serious prior criminal convictions.

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