Free Redacted Document - District Court of Delaware - Delaware

Case 1 :06-mj-00122-IVIPT Document 2 Filed 10/24/2006 Page 1 of 3
A0 91 (Rev. 12/93) Criminal Complaint l
United States District Court
DISTRICT OE DELAWARE
UNITED STATES OF AMERICA,
v. / Criminal Complaint 06- IQ:} M
MANUEL DE LA CRUZ-SALDANA, _ _ _ ___ __
a/k/a CHRISTIAN 0MAR i>AGAN-coLoN, j E, il W {If"-,
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I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief On or about October 6, 2006 ,in New Castle County, in the District of Delaware , the
defendant, MANUEL DE LA CRUZ-SALDANA:
was found in the United States, having illegally re—entered the United States after being removed to the Dominican
Republic in 2000 and 2001, and, prior to his reembarkation at a place outside of the United States, neither the
Attorney General ofthe United States nor the Undersecretary for Border and Transportation Security, Department
of Homeland Security, had expressly consented to the defendant’s applying for readmission,
in violation of Title 8 United States Code, Section(s) l326g a) .
I further state that I am a Special Agent, ICE and that this complaint is based on the following facts:
Official Title
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
MED — ,QaZ/
0CT " 4 ‘ ‘ " ` aturc of Complainant
p _ ' William O. Horn
...._ Special Agent
uf" LIWIQT-CONT Immi ation and Custo s E f t ICE
1 gr m H Ofcc mm >
Sworn to before me and subscribed in my presence, ‘
October 24, 2006 at Wilmington, DE
Date City and State H
The Honorable Mary Pat Thynge I 'ili / L
United States Magistrate Judge 2;, _5,_
Name & Title of Judicial Officer 0 udicial Org e I

Case 1 :06-mj-001 22—l\/I PT Document 2 Filed 10/24/2006 Page 2 of 3
AF FIDAVIT
I, William O. Hom, being duly swom, depose and say:
1. I am a Special Agent with the United States Department of Homeland Security, Bureau of
Immigration & Customs Enforcement (ICE), Dover, Delaware. I have been employed as a Special
Agent since October 1, 1997, when I was employed by the Immigration and Naturalization Service
(INS). The INS was transferred to the U.S. Department of Homeland Security as the Bureau of
Immigration & Customs Enforcement in March 2003.
2. This investigation is based on information provided by State of Delaware government agencies,
INS/ICE records, and my own observations and interviews.
3. On or about October 06, 2006, your affiant was at the New Castle County Police Headquarters
when he was advised that Christian Omar PAGAN—Co1on was in their custody on drug charges.
According to the New Castle County Police, he had claimed to be a Puerto Rican, but they believed
that he was, in fact, from the Domini can Republic. The writer attempted to interview PAGAN, but
he refused to answer questions. A detainer was lodged with the Howard R. Young Correctional
Institution, so that, if released from State of Delaware custody, ICE would be notified.
4. On October 23, 2006, your affiant advised the individual claiming to be Christian PAGAN of his
rights and attempted to interview him at the ICE office in Dover, DE. He declined to speak to your
affiant. However, he did state that his name is Christian PAGAN-Colon, and that he was born on
1979.
5. On October 23, 2006, the subject’s fingerprints were submitted to ICE and the FBI via ICE’s
Integrated Automated Fingerprint Identification System (IAF IS), and the fingerprints matched those
of Manuel DE LA CRUZ-Saldafra, born in the Dominican Republic. The FBI record references six
aliases, including Christian Omar PAGAN—Colon, and three different dates of birth. In addition, he
has been encountered on two previous occasions by INS, and gave another date of birth on one of
those occasions.
6. Your affiant has reviewed the alien tile relating to Manuel DE LA CRUZ-Saldana, and found that
the file contains an executed Form I -205, showing that DE LA CRUZ was removed from the United
States to the Dominican Republic on November 20, 2001 from Miami, Florida. It also contains a
Form I-259, Notice to Detain, Remove, or Present Alien, requiring the master of the vessel "Forest
Atlantic" to remove DE LA CRUZ from the United States on May 19, 2000 from Mobile, Alabama.
Your affiant found no evidence of any filings for pemrission to reapply for admission to reenter the
United States after having been removed.
WHEREFORE, your affiant avcrs there is probable cause to believe that Manuel DE LA CRUZ-
Saldana, a citizen and national of the Dominican Republic, was previously removed by INS to the
Dominican Republic on May 19, 2000 and November 20, 2001, and that, prior to his reembarkation
at a place outside the United States, neither the United States Attorney General nor the
Undersecretary for Border and Transportation Security, Department of Homeland Security, had

Case 1:06-mj-00122—lV|PT Document 2 Filed 10/24/2006 Page 3 of 3
William O. Horn
Special Agent
- U.S. Immigration & Customs Enforcement
Swom and subscribed before me this Jfday of October, 2006.

A. A1;.
ora eMayPa h ge
· . States Magistrate Judge
District of Delaware