United States Attorney David Metcalf announced the arrest and charging of Marvin Enrique Pena-Portillo, a 38-year-old Honduran national living unlawfully in Philadelphia. Pena-Portillo faces a criminal complaint for possession of a firearm by a felon. He has been ordered to remain in federal custody following a detention hearing.
The complaint details events from April 15, 2025, when agents from Immigration and Customs Enforcement (ICE) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) arrested him for immigration violations. At the time, Pena-Portillo was allegedly found with a loaded 9 mm semiautomatic pistol in his waistband.
Previously, in August 2024, Pena-Portillo had pleaded guilty in the Philadelphia Court of Common Pleas to carrying an illegal firearm in public, resulting in a two-year probation sentence.
This case is part of "Operation Take Back America," a wide-ranging Department of Justice initiative aimed at combating illegal immigration, dismantling cartels and transnational criminal organizations, and safeguarding communities from violent crime.
Investigation of the case involved ICE Enforcement and Removal Operations and the ATF. It is important to note that the charges in the criminal complaint are accusations, and Pena-Portillo is presumed innocent until proven guilty in a legal proceeding.
