ICE Arrests Two Men in Arizona: What Removal Proceedings Mean
ICE Phoenix arrested two men in northern Arizona during the week of August 2, 2026 — one near Prescott, one near Flagstaff — both with serious criminal records. One of them had been deported and illegally reentered the country seven times since 1996. These cases show how ICE targets people with criminal histories, and what happens once someone is taken into custody.
Norberto Osornio-Gutierrez, 50, a Mexican national, was arrested near Prescott as part of a targeted enforcement action. His record includes burglary, drug violations, and an attempt to possess cocaine with intent to distribute. An immigration court in Eloy issued a deportation order against him on June 24, 1996. That order was reinstated six more times — in 1998, 1999, 2000, 2001, 2002, and 2011 — after repeated illegal reentries. During the August arrest, officers gave commands in both English and Spanish. Osornio-Gutierrez fled on foot before being taken into custody without further incident.
Dinesh Sapkota, 28, a Nepali national, was arrested near Flagstaff. He entered the U.S. legally on May 2, 2016, but overstayed his authorized period of admission. In 2023, he was convicted of kidnapping, sexual abuse, aggravated assault on a law enforcement officer, and aggravated assault involving a physically restrained victim — charges stemming from a 2022 arrest by the Flagstaff Police Department. Sapkota remains in ICE custody pending removal proceedings.
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What removal proceedings actually look like
Once ICE detains someone, that person goes into removal proceedings — a formal legal process in immigration court. A judge decides whether the person can stay in the U.S. or must be removed. The person has the right to hire an attorney (at their own expense) and to present a defense. Criminal convictions — especially felonies — can make it much harder to fight removal. A reinstated removal order, like the one Osornio-Gutierrez faced, skips the full court hearing in most cases: the original order is simply reactivated.
ICE Phoenix Field Office Director John Cantú said officers "continue to prioritize the arrest and removal of individuals who violate U.S. immigration law and pose a threat to public safety." ICE stated these arrests are part of ongoing enforcement efforts targeting people unlawfully present in the U.S. who have criminal histories.
What to do
- If you or someone you know is detained by ICE, you have the right to remain silent and the right to speak with an attorney before answering questions about your immigration status.
- If a removal order already exists against you — even an old one — contact an immigration lawyer immediately. A reinstated removal order can be enforced quickly, often without a new court hearing.
- If you overstayed a visa, do not wait for ICE to find you. A lawyer can review whether you qualify for any relief, such as voluntary departure (allowed for up to 120 days) or another form of protection.
- Keep records of any legal entries, visa documents, and court notices. These documents matter in any immigration court hearing.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
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A reinstated removal order is one of the most difficult situations to fight because it bypasses a full immigration court hearing — the government simply reactivates the prior order. However, people with reinstated orders may still qualify for withholding of removal or protection under the Convention Against Torture if they fear persecution or torture in their home country. If you have any criminal convictions and are undocumented or on an expired visa, get an immigration attorney involved before ICE finds you — not after.
Frequently Asked Questions
Can ICE arrest me if I overstayed my visa but have no criminal record?
Yes. Overstaying a visa is a civil immigration violation, and ICE can detain and place you in removal proceedings regardless of whether you have a criminal record. However, ICE has stated it prioritizes people with criminal histories.
What is a reinstated removal order?
A reinstated removal order happens when someone who was previously deported reenters the U.S. illegally. Instead of a new court hearing, immigration authorities reactivate the original deportation order. This process is faster and offers fewer options to fight removal.
Do I have the right to a lawyer if ICE arrests me?
Yes. You have the right to hire an immigration attorney at your own expense. The government is not required to provide one for free in immigration cases. You also have the right to remain silent and should not answer questions about your immigration history without legal counsel present.
What is voluntary departure and can it help me?
Voluntary departure lets you leave the U.S. on your own instead of being formally deported. It can help you avoid some long-term bars to returning. An immigration judge can grant it for up to 120 days. Not everyone qualifies — people with certain criminal convictions may be ineligible.