Free Complaint - District Court of Delaware - Delaware

Case 1:08-mj-00112-UNA Document 1 Filed 06/25/2008 Page 1 of 4
AO 91 (Rev. I2/93) Criminal Complaint Q
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA Criminal Complaint
v. CASE NUMBER: 08-/}-2- /I/l
ISMAEL LOPEZ-CRUZ
I, Patrick M. McCall, the undersigned complainant, being duly swom, state the following is true and correct to the
best of my knowledge and belief On or about June 24, 2008 in New Castle County, in the District of
Delaware, ISMAEL LOPEZ-CRUZ, an alien and citizen of Mexico, was found in the United States and was knowingly
in the United States, after having been denied admission, excluded, deported, and removed therefrom on or about May
8, 2008, and prior to the defendant's reembarkation at a place outside the United States, neither the Attomey General of
the United States nor the Undersecretary for Border Transportation, Department of Homeland Security, had expressly
consented to the defendant's reapplication for admission, in violation of Title 8, United States Code, Section l326(a).
I further state that I am a(n) Special Agent U.S. Immigration and Customs Enforcement {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
r 4/
what rn Wliléon.
Signature of Complainant
Patrick M. McCall
Special Agent, U.S. Immigration and Customs
Enforcement (ICE)
Sworn to before me and subscribed in my presence,
June 25, 2008 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark Q M
5L___,___ ~
United States Magistrate Judge
Name & Title of Judicial Officer Signature of Judicial Officer

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UNITED STATES v. Ismael LOPEZ-CRUZ C & W N0. 08-
A F F I D A V I T
Your affiant is a Special Agent of the United States Immigration and Customs
Enforcement (ICE) at Philadelphia, Pennsylvania and has been so employed for
approximately twenty (20) years. Being duly sworn, your affiant deposes and says as
follows:
1. On June 24, 2008, the Delaware State Police at Troop#6 stopped a van load of
Mexican nationals on I-95 in Wilmington, Delaware containing approximately 11 illegal
aliens. Your afliant interviewed Ismael LOPEZ-CRUZ, one of the occupants of the van, to
ascertain his alienage and right to remain in the United States. At this time, LOPEZ-
CRUZ claimed his true and correct name was Mario RAMIREZ-RODRIGEZ and was a
native and citizen of Mexico by birth On October 3, 1977. LOPEZ-CRUZ also admitted
that he was in the United States illegally.
2. On June 24, 2008, the fingerprints of Mario RAMIREZ-RODRIGUEZ were
searched through the Immigration Automated Identification Fingerprint System (IAFIS)
and matched the Federal Bureau of Investigation Identification Record of Ismael LOPEZ-
CRUZ (FBl#741492KC7). Your affiant retrieved and reviewed the FBI Identification
Record of Ismael LOPEZ—CRUZ. This record shows a conviction on February 26, 2008 in
the Winchester Circuit Court in and for the Commonwealth of Virginia for the offense of
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Case 1:08-mj-00112-UNA Document 1 Filed 06/25/2008 Page 3 of 4
Possession With Intent to Manufacture/Sell a Controlled Substance (cocaine). For this
offense, LOPEZ—CRUZ received a suspended sentence of five (5) years.
3. Your afliant also searched the indices of the U.S. Immigration and Customs
Enforcement relating to an immigration record for Ismael LOPEZ-CRUZ, born in Mexico,
on or about October 13, 1977. The search revealed an immigration file under the name
Ismael CRUZ, date of birth October 13, 1997, born in Mexico, immigration file number
A88 424 594. The immigration file of Ismael LOPEZ-CRUZ (A88 424 594) was retrieved
by your affiant and revealed that LOPEZ—CRUZ was a native and citizen of Mexico by
birth and had been deported from the United States on Justice Prisoner and Alien
Transportation (JPATS) flight to Mexico on or about May 8, 2008.
4. On June 24, 2008, your affiant interviewed Ismael LOPEZ—CRUZ pursuant to
his arrest and deportation from the United States. After advising him of his
rights, LOPEZ—CRUZ agreed to speak without the presence of an attorney and stated that
he was a native and citizen of Mexico by birth on October 13, 1977. LOPEZ-CRUZ also
admitted to having been deported from the United States in May of 2008 based on his
drug arrests in Virginia. LOPEZ-CRUZ also stated that he entered the United States
illegally at Nogales, Arizona on June 21, 2008 and never tiling for permission to reenter
the United States after his deportation. LOPEZ-CRUZ provided a written statement
relating to these facts.
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Case 1:08-mj-00112-UNA Document 1 Filed 06/25/2008 Page 4 of 4
5. You affiant has reviewed the immigration file of Ismael LOPEZ-CRUZ and
found a Certificate of Non-Existence of Record for filing of an Application for Permission
to Reapply for admission to the United States After Deportation, in the case of Ismael
LOPEZ—CRUZ, born in Mexico.
Your affiant avers that there is probable cause to believe that on or about June 24, 2008,
in Wilmington, Delaware, in the District of Delaware, that Ismael LOPEZ-CRUZ, a native
and subject of Mexico, reentered or was found in the United States, after having been
deported there from on or about May 8, 2008 to Mexico.
Kd)
disc?. Wl
PATRICK M. MCCALI.
Special Agent
U.S. Immigration and Customs Enforcement (ICE)
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