Brother of UGA murder suspect to remain in federal custody

The brother of the man accused of murdering a nursing student on the campus of the University of Georgia is to remain locked up pending trial, a judge ruled Thursday.

Diego Ibarra, the brother of Jose Ibarra, was arrested for possessing an illegal visa and prosecutors want him locked up before he can stand trial because of his long history of alleged criminal conduct. Police have said both men are in the country illegally.

In a court filing late Tuesday night, prosecutors said Ibarra had a lengthy history of run-ins with state and federal law enforcement and might've been a member of a violent Venezuelan gang.

Diego Ibarra was arrested on Feb. 22 for allegedly giving authorities a fake green card after he was stopped by police for matching a description of his brother. Jose Ibarra, 26, has been charged with malice murder, felony murder, aggravated battery, aggravated assault, false imprisonment, kidnapping, obstructing an emergency call and concealing the death of another. He allegedly killed Augusta University nursing student Laken Riley when she was jogging on the University of Georgia campus on Feb. 22.

Diego Ibarra was allegedly employed by the University of Georgia food services staff, according to the court documents.

Diego Ibarra first allegedly entered the country illegally on April 3, 2023, and was immediately removed back to Mexico, according to court documents. The Justice Department said 27 days later he reentered and got into a scuffle with Border Patrol, allegedly assaulting and attempting to bite an agent who tried to arrest him.

"The other agent attempted to take Ibarra into custody. Ibarra resisted the agent's efforts and grabbed his CBP issued radio and threw it into a nearby yard. At one point, Ibarra attempted to bite the agent. The agents grappled with Ibarra and [another man] for approximately four minutes before members of the National Guard arrived and assisted the agents in subduing both men," the DOJ wrote.

He allegedly told FBI agents he was trying to get into the country "at any cost." He agreed to a plea deal and was released on an alternative to detention -- in this case an ankle monitor. Authorities said he cut off the ankle monitor in Colorado.

Diego Ibarra also allegedly has gang ties, prosecutors said.

"Teen de Aragua (TdA) is a Venezuelan gang, which has been involved in recent violent confrontations with law enforcement and civilian victims in New York and elsewhere throughout the United States," according to the Justice Department. "TdA was formed in the mid to late 2000s in the Tocorón prison in the Venezuelan state of Aragua. Multiple U.S. law enforcement agencies have reported a heavy presence of TdA members in several states, particularly Texas, New York, Illinois, Florida, and Georgia. TdA members often have tattoos signifying their affiliation with the gang. ... Some of Ibarra's tattoos suggest that he is a member of TdA."

There is also evidence he dressed in Chicago Bulls gear and posed with firearms -- two hallmarks of gang activity, according to the DOJ.

Diego Ibarra also allegedly had a history with law enforcement in Athens, Georgia, where the UGA campus is located.

He was arrested for driving under the influence in September 2023, authorities said. Ibarra was also arrested twice for shoplifting -- once in October 2023 and once in December 2023, according to the DOJ.

Lawyers for Diego Ibarra did not respond to ABC News' request for comment.