BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Teng Sun, a Chinese national, was arrested and charged by criminal complaint with being an alien in possession of a firearm. The charge carries a maximum penalty of 10 years in prison.
Assistant U.S. Attorney Emmanuel O. Ulubiyo, who is handling the case, stated that according to the complaint, on Dec. 17, 2018, the defendant was charged by the Niagara County District Attorney’s Office with Criminal Possession of an Assault Weapon-3rd Degree, and Criminal Possession of an Assault Weapon-4th: Non-Citizen.
Subsequently, a check by the Department of Homeland Security, Immigration and Customs Enforcement-Enforcement and Removal Operations (ICE-ERO), determined that Sun is a citizen and national of China illegally present in the United States. The defendant entered the United States as a nonimmigrant F-1 student with authorization to remain in the U.S. States for a temporary period not to exceed his length of stay. On April 2, 2015, Sun was granted Optional Practical Training (OPT) employment authorization with an end date of Sept. 1, 2016. On Sept. 1, 2016, SUN completed his Optional Practical Training and failed to comply with the conditions of his non-immigrant status by not filling an extension or departing from the United States.
On March 14, 2019, the defendant, and his wife were arrested by ICE-ERO for deportation proceedings. While in custody, Sun consented to be taken to his residence located in Williamsville, NY to retrieve his wife’s passport. Once inside the residence, the defendant showed ICE-ERO agents his firearms and ammunition. Agents took 10 firearms into custody, as well as eight 80% complete AR-15 type lower receivers as well as the drilling templates to complete those receivers, and approximately 1,000 to 2,000 rounds of ammunition consisting of various caliber ammunition.
The defendant will make an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy on March 29, 2019, at 11:30 a.m. he is currently being detained by ICE-ERO.
The complaint is the result of an investigation by Immigration and Customs Enforcement-Enforcement and Removal Operations, under the direction of Buffalo Field Office Director Thomas Feeley.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. #
Source: U.S. Department of Justice, Office of the United States Attorneys
