Laken Riley murder suspect's second brother was twice deported before settling in Georgia

Jose Ibarra, the Venezuelan illegal immigrant charged in connection with Augusta University student Laken Riley's murder, has a second brother who was twice deported from the United States until eventually settling in Georgia, government officials confirmed Thursday.

Jose Ibarra, 26; and his brothers, Diego Ibarra, 29; and Argenis Ibarra, 24, lived together in an apartment complex in Athens, Georgia. All three men were questioned and taken into custody after Jose allegedly murdered 22-year-old Riley, a nursing student, while she was jogging around the University of Georgia campus on Feb. 22.

"Argenis Ibarra, a 24-year-old citizen of Venezuela, first entered the United States on April 3, 2023, near Eagle Pass, Texas unlawfully, and he was returned to Mexico the same day by U.S. Border Patrol (USBP) pursuant to Title 42 expulsion procedures. He re-entered the U.S. unlawfully on April 30, 2023, near El Paso, Texas, and was arrested by the U.S. Border Patrol and released from their custody with a notice to appear, on May 4, 2023," an Immigration and Customs Enforcement spokesperson told Fox News Digital.

The Executive Office for Immigration Review (EOIR) scheduled an immigration hearing for the younger Ibarra in Philadelphia in 2024.

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Asylum seekers cross the Rio Grande from Mexico into the United States on September 30, 2023, in Eagle Pass, Texas. (John Moore/Getty Images)

On Feb. 23, ICE Enforcement and Removal Operations (ERO) Atlanta "encountered Argenis Ibarra in Athens while assisting the University of Georgia Police Department with their investigation into the murder of Laken Riley," the spokesperson said. "ERO Atlanta took Ibarra into custody pending further investigation of his immigration case."

Argenis is currently detained at an ICE facility in Lumpkin, Georgia.

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Jose is charged with malice murder, felony murder, aggravated battery, aggravated assault, false imprisonment, kidnapping, hindering a 911 call and concealing the death of another in connection with Riley's killing.

Jose Ibarra was arrested on February 23 in connection with Laken Riley's February 22 murder in Athens, Georgia. (Clarke County Sheriff's Office)

The murder suspect entered the United States through El Paso, Texas, in 2022 and was freed on border parole. He initially lived in New York City, where he was arrested for endangering a child prior to his move to Athens.

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Diego, like Argenis, "first entered the U.S. on April 3, 2023, near Eagle Pass, Texas unlawfully, and he was returned to Mexico the same day by U.S. Border Patrol (USBP) pursuant to Title 42 expulsion procedures. He re-entered the U.S. unlawfully on April 30, 2023, near El Paso, Texas, and was arrested by the U.S. Border Patrol and enrolled by ERO into Alternatives to Detention (ATD) on May 11, 2023," an ICE spokesperson previously told Fox News Digital. 

Diego was accused of trying to bite a Border Patrol agent in April 2023 but was still allowed to travel to New York afterward. Like his brother, he moved to Athens, and in September 2023, Athens-Clarke County Police charged him with drunken driving and driving without a license. He and Jose were later cited for shoplifting in Athens. 

Diego Ibarra, an illegal immigrant from Venezuela, allegedly handed over a fake green card to police on the hunt for his brother Jose, whom they accuse of killing Georgia nursing student Laken Riley. (Clarke County Sheriff's Office)

Diego has since been charged with green card fraud after allegedly showing police fake documents when they arrived at his apartment to question his brother in connection with Riley's murder. 

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Court documents released Wednesday revealed that Diego Ibarra has ties to the violent Venezuela-based organized crime gang Tren de Aragua. Federal authorities say that the gang, also known as TdA, has become known for its violent turf wars as it has expanded into other countries in South and Central America. The gang is trying to establish itself in the U.S., where police are already linking it to organized crime.

Images taken from federal court filings include Diego Ibarra's alleged fake green card as well as photos that prosecutors say are evidence of his suspected ties to the violent Tren de Aragua gang from Venezuela. (Middle District of Georgia)

All three Ibarra brothers lived in an apartment complex near UGA's campus that is about a five-minute walk from the approximate scene where Jose allegedly killed Riley.

Diego appeared in court Thursday for his initial appearance related to the green card fraud charge, and U.S. Magistrate Judge Charles Weigle ordered the murder suspect's brother to remain in federal custody while his case is pending prosecution. 

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Weigle granted the U.S. attorney’s motion to detain Diego Ibarra, who will remain in U.S. Marshals' custody while his case is pending prosecution. Diego Ibarra waived his preliminary hearing, so he proceeded straight to the bail hearing Thursday in federal court. 

Diego Ibarra appears in federal court on immigration charges in Macon, GA, Thursday, March 7, 2024. Ibarra is the brother of Jose Ibarra, who is accused of the murder of Georgia nursing student Laken Riley in Athens, GA, last month. (Lucy Luckovich)

The judge listed several factors that led to his decision, including the fact that Diego had cut off his ankle monitor following his release from U.S. immigration custody and later had been able to obtain or provide false documents. Weigle said he was concerned that Diego would relocate and obtain or create more fraudulent documents again.

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He further cited Diego's failure to appear in court for his asylum hearing in New York and a hearing for his DUI charge in Athens.

Diego Ibarra appears in federal court on immigration charges in Macon, GA, Thursday, March 7, 2024. Ibarra is the brother of Jose Ibarra, who is accused of the murder of Georgia nursing student Laken Riley in Athens, GA, last month. (Lucy Luckovich)

Federal defender Chauntilia Adaway argued that Diego Ibarra is not a flight risk, because he sought asylum in the United States. She also said the court has not heard any testimony of Diego acting in a violent manner or committing any gang-related acts. Adaway further noted that the suspect had not been prosecuted for his alleged attack against a border patrol agent.

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"If convicted, Ibarra faces a maximum of ten years in prison. U.S. Magistrate Judge Charles Weigle ordered Ibarra to be detained pending trial based on evidence of the defendant being a flight risk," the U.S. Attorney's Office for the Middle District of Georgia said in a statement on Thursday.

Fox News' Samantha Daigle and Michael Ruiz contributed to this report.