CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051
ROCHESTER, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Rohan Brown, 40, of Kingston, Jamaica, was removed from the United States and returned to Jamaica by Immigration and Customs Enforcement, Emergency Removal Operations, (ICE-ERO) after multiple failed litigation attempts to remain in the United States.
Assistant U.S. Attorney Adam A. Khalil, who litigated the case for the United States Attorney’s Office, stated that in 2007, Brown, who was present in the United States illegally, was convicted following a jury trial in Queens County Court of multiple felonies, including: Criminal Sale of a Controlled Substance, Criminal Possession of a Loaded Firearm, Criminal Possession of an Assault Weapon, and Criminal Sale of a Firearm. Brown sold cocaine and eight firearms to an undercover police officer. The firearms included revolvers, pistols, an assault rifle, and a machine gun. The defendant was sentenced to serve more than 14 years in prison. After being released from state prison in 2018, Brown was arrested, taken into custody by ICE, and held in detention pending his removal from the United States.
Brown attempted to evade removal to Jamaica by claiming that he was an American citizen, born in the U.S. Virgin Islands. He filed multiple federal lawsuits seeking release into the United States. One of those lawsuits was brought by the New York Civil Liberties Union on Brown’s behalf.
In support of his claim to American citizenship, Brown produced a fraudulent birth certificate and driver’s license from the U.S. Virgin Islands. He also claimed that he lacked any living family members who could support his claims to American citizenship, and argued in his lawsuits that ICE could not prove his Jamaican citizenship, and therefore could not deport him. During the investigation into these claims, ICE obtained a letter from the Registrar for the U.S. Virgin Islands Department of Health, Bureau of Statistics, which certified that not only did no record of birth exist for someone named Rohan Brown, but the city of birth on the birth certificate was misspelled, and the person listed as registrar never held such a position.
With assistance from ICE and the U.S. Department of State’s Diplomatic Security Service (DSS), the United States Attorney’s Office was able to identify Brown’s brother and sister, both living, who had visited him while he was in prison. DSS was able to retrieve information pertaining to these siblings. Using this information, DSS and ICE located Brown’s mother in Jamaica, and identified his father, which ultimately led to ICE obtaining Brown’s actual birth certificate in Kingston, Jamaica.
As a result of this evidence, Brown’s lawsuits were dismissed, blocking his release into the United States. Brown was removed to his native country of Jamaica on June 25, 2020.
“This marks the end of the defendant’s long and protracted effort to remain in the United States,” stated U.S. Attorney Kennedy. “While in this country illegally, Rohan Brown committed serious crimes for which he was justly convicted and punished. Thanks to the diligent investigative efforts of our partners at ICE and DSS, the defendant’s dishonest and fraudulent attempt to remain in our country as a convicted drug dealer and armed felon was exposed, and his effort failed.”