Man faces 10 years for citizenship lie

Mexican man lied about nationality when buying gun at Española store

Geoff Grammer | The New Mexican
Posted: Wednesday, November 17, 2010

A 29-year-old Mexican man was convicted Tuesday in federal court of lying about his nationality when trying to buy a gun from an Española Walmart in 2009.

He now faces 10 years in prison.

Juan Antonio Orozco-Orozco, arrested in Texas in 2001 and in Illinois in 2004 and eventually deported, was found guilty Tuesday of three counts: making a false statement to buy a firearm; making a false declaration of U.S. citizenship; and making a false statement on an immigration document.

A criminal complaint filed in April for his arrest states Orozco-Orozco went to the Española Walmart on Aug. 23, 2009, where he filled out a form 4473 — a document issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives required before a business can sell a gun.

One section of the form has 12 questions asking for a "yes" or "no" response. Any "yes" response results in automatic disqualification of the application to purchase the gun.

"Question 'k' asks 'Are you an alien illegally in the United States?' " according to the criminal complaint.

Orozco-Orozco checked the "no" box on the form and later wrote on the form that his country of citizenship was the United States, according to court documents.

His application was denied three days later, after he did not clear a National Instant Criminal Background Check System review.

A statement released by the U.S. Attorney's Office in Albuquerque states Orozco-Orozco was arrested April 15 on an outstanding traffic warrant when pulled over by a New Mexico State Police officer and was transferred to the custody of Immigration and Customs Enforcement four days later.

Court records indicate Orozco-Orozco was arrested Jan. 4, 2001, by U.S. Border Patrol agents in El Paso, and was "administratively returned to Mexico."

On Dec. 20, 2004, Orozco-Orozco was in Rockford, Ill., and later pleaded guilty in 2005 to criminal trespass of a motor vehicle.

A date for sentencing related to Tuesday's convictions has not been set.

Contact Geoff Grammer at 986-3076 or ggrammer@sfnewmexican.com. Read his blog at SantaFeCrime.com.