BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Esli Osman Diaz-Bejarano, 28, a native of Honduras, was arrested and charged by criminal complaint with assaulting, resisting, or impeding certain officers, which carries a maximum penalty of 20 years in prison and a $250,000 fine.
On September 2, 2026, Customs and Border Protection, Border Patrol agents encountered Diaz on St. Joseph Road in Niagara Falls, NY, during an immigration enforcement action. As agents attempted to interview Diaz, he fled on foot. Agents then attempted to apprehend Diaz, who resisted their efforts to restrain him. He was brought to the ground after repeatedly pulling his arms away. During the struggle, Diaz bit the left wrist of an agent, causing a bleeding laceration. The agent was treated at DeGraff Memorial Hospital for the bite injury. Diaz made an initial appearance before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained.
The case is being prosecuted by Special Assistant U.S. Attorney Brendan W. Fitzgerald. The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Anthony Patrone, and U.S. Border Patrol, under the direction of Acting Chief Patrol Agent James D’Amato.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.# # # #