Brazilian illegal immigrant arrested in Massachusetts, charged with raping a minor

Warley Neto, 24, was arrested in August after local authorities honored an immigration detainer request from federal authorities

A Brazilian man living in the United States illegally has been charged with raping an underage Massachusetts person, federal officials said Tuesday. 

Warley Neto, 24, was arrested on Aug. 23 and is charged with five counts of rape, U.S. Immigration and Customs Enforcement (ICE) said. 

"Warley Neto allegedly repeatedly assaulted a Massachusetts child and represents a significant threat to the safety of our neighborhoods," said Todd M. Lyons, the ERO Boston Field Office Director. "We are grateful for the cooperation of the Dukes County Sheriff’s Office for prioritizing public safety and allowing Neto’s safe transfer of custody to ERO."

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Warley Neto, 24, has been charged with raping a minor in Massachusetts. (U.S. Immigration and Customs Enforcement (ICE))

Neto illegally entered the U.S. on March 11, 2018 near Paso Del Norte, Texas, authorities said. He was served a notice by U.S. Border Patrol to appear before a federal immigration judge and released on March 13, 2018.

The Edgartown Police Department arrested Neto on suspicion of strangulation or suffocation, assault and battery on a family member, and threatening to commit crime. An immigration detainer request against Neto was issued with the Dukes County Jail and House of Correction. 

On June 8, 2023, Neto was found guilty of the charges. He received a 364-day prison sentence, but a judge suspended all but 90 days. 

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On Jan. 12, Neto was arrested again for five counts of rape of a child and five counts of enticing a minor under 16, authorities said. 

Another immigration detainer request was lodged by ICE on Aug. 22 with the Dukes County Jail and House of Correction and the Dukes County Superior Court. The request was honored, and immigration authorities were notified they could take Neto into federal custody. 

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"Too often local jurisdictions refuse to honor immigration detainers and release dangerous offenders back into the community to reoffend," Lyons said. "ERO Boston will continue to apprehend and remove the most egregious noncitizen offenders from New England."

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