In a stark reminder of the dangers faced by federal law enforcement, a 24-year-old Guatemalan national, Guido Andres Alexander Cuellar-Batres, has been sentenced to eight months in prison for assaulting Immigration and Customs Enforcement (ICE) officers during an immigration arrest, according to today’s – January 27, 2026 – press release from the Department of Justice. The incident, which unfolded in a Marlborough, Massachusetts, parking lot, highlighted the risks officers encounter while enforcing immigration laws against individuals with overstayed visas and prior criminal records.

Cuellar-Batres, who had overstayed his non-immigrant visa by more than four years, was the target of a targeted enforcement action on May 4, 2025. According to court documents and Department of Justice statements, three ICE officers and one Drug Enforcement Administration (DEA) agent set up surveillance in the parking lot after an outstanding immigration warrant was issued for Cuellar-Batres. The officers, clearly identified by their outer garments as law enforcement, observed a vehicle enter the lot with Cuellar-Batres in the front passenger seat.

The confrontation began when the officers approached the vehicle and ordered Cuellar-Batres to exit, issuing commands in both English and Spanish. He refused. They then instructed him and the driver to unlock the doors, but compliance was not forthcoming. When ordered to keep his hands visible, Cuellar-Batres reached down, obscuring his hands from view and raising immediate safety concerns among the officers—fears that he might be accessing a weapon.

Faced with these refusals and potential threats, the officers broke the rear passenger-side window to gain entry and unlock the front door. As they removed Cuellar-Batres from the vehicle, he violently resisted efforts to handcuff him. He attempted to bite one officer in the leg, successfully bit another above the wrist, and struck an officer in the head multiple times. Even after being handcuffed and placed in leg restraints, Cuellar-Batres continued his resistance, kicking at the officers during the process.

The assault escalated further as officers tried to secure him in the rear seat of their transport vehicle. Cuellar-Batres jumped repeatedly to avoid being seated, prompting one officer to enter from the opposite side to pull him in. In response, he head-butted the officer and spat directly into the officer’s eyes and face.

Cuellar-Batres, who also had prior charges for assault and battery on a family or household member, was charged on June 12, 2025, with one count of forcibly assaulting, resisting, opposing, impeding, intimidating, or interfering with federal officers engaged in the performance of their official duties. A federal grand jury indicted him on July 17, 2025. He pleaded guilty to the charge on October 30, 2025, before U.S. District Court Judge Angel Kelley in Boston.

On January 12, 2026, Judge Kelley sentenced Cuellar-Batres to eight months in prison followed by one year of supervised release. The charge carries a maximum penalty of up to eight years in prison, three years of supervised release, and a fine of up to $250,000, with sentences determined based on U.S. Sentencing Guidelines and applicable statutes.

ICE Boston Acting Field Office Director Dave Wesling emphasized the agency’s resolve in a statement:

“ICE is prepared to arrest Cuellar when he’s released from prison. He overstayed a nonimmigrant visa by more than four years, and he’s been sentenced to a crime that falls under the Laken Riley Act. When we initially arrested him, he attacked our officers and a DEA agent — and under this administration, there is zero tolerance for those who violently assault the brave men and women of ICE Boston who are on the ground fighting to keep our communities safe.”

The case was announced by United States Attorney Leah B. Foley, ICE’s Enforcement and Removal Operations Field Office Director Patricia H. Hyde, and DEA New England Field Division Special Agent in Charge Jarod A. Forget (with Stephen Belleau acting in that role earlier). Assistant U.S. Attorney Robert E. Richardson of the Major Crimes Unit prosecuted the case.

This incident underscores the challenges in immigration enforcement, where non-compliance can quickly turn dangerous. Cuellar-Batres remains in custody, and ICE has indicated plans to pursue his removal upon completion of his sentence, citing his conviction under provisions of the Laken Riley Act, which targets certain crimes committed by undocumented individuals. The Department of Justice stressed that all allegations were proven in court, affirming Cuellar-Batres’ guilt beyond a reasonable doubt.

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