Free Complaint - District Court of Delaware - Delaware

_ Case 1:07-mj—OO197—UNA Document 1 Filed 10/17/2007 Page 1 of 3
A0 91 (Rev. 12/93) Criminal Complaint G
_ United States District Court
DISTRICT OF DELAWARE
‘ UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) CRIMINAL COMPLAINT
)
Arsrmnizo LOPEZ—Lopez, a F i L. E D )
JOSE LOPEZ—Maya1la ) Case Number 07- /77 M
~ )
Defendant. OCT 1 7 200/ )
U.S. DISTRICT COURT
DISTRICT 0F DELAWARE
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 16 2007 in New Castle County, in the District of Delaware, defendant
committed the offense of re—entry after removal, in violation of Title 8 United States Code, Section(s) l326§a}.
I further state that I am a(n) Special Agent, United States Immigration and Customs Enforcement and that this
Official Title
complaint is based on the following facts:
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
7 il. iam 0. Hem ’
Special Agent
U.S. Immigration and Customs Enforcement
Sworn to before me and subscribed in my presence,
October l7, 2007 I at Wilmington, DE
Date City and State
4, _
Honorable Mary Pat Thynge CJ
United States Magistrate Judge . ‘
Name & Title of Judicial Officer gnature of Judi al fjjccy

Case 1:07-mj—OO197—UNA Document 1 Filed 10/17/2007 Page 2 of 3
AFF IDAVIT
I, William O. Horn, being duly sworn, depose and say: l I
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 October 16, 2007, ICE Agents encountered Alejandro LOPEZ-Lopez in the custody of the
Delaware State Police following a traffic stop for speeding.
4. On October 16, 2007, Alejandro LOPEZ—Lopez was fingerprinted on ICE’s Integrated
Automated Fingerprint Identification System (IAFIS). IAFIS identified the fingerprints as those
of José LOPEZ-Mayalla, FBI Number 63499LB5. Several names are listed as aliases, including
Alejandro LOPEZ.
. 5. On October 16, 2007, your affiant advised Alejandro LOPEZ—L6pez of his rights and
interviewed him under oath in New Castle, DE., Alejandro LOPEZ—L6pez advised your affiant
that his true and correct name was Alejandro LOPEZ-Lépez, that he is a citizen of Mexico and
that he had previously been removed from the United States. V1/`hen asked, Alejandro LOPEZ-
Lopez stated that he had not requested or obtained permission to reapply for admission to the
United States.
6. Your affiant has reviewed computerized records of ICE, and found that Alejandro LOPEZ-
Lopez was ordered removed from the United States on December 09, 1999 and subsequently (date _
unknown) removed himself by returning to Mexico. He was encountered as part of a load of
smuggled aliens on May 19, 2005 near Nogales, AZ and removed again, under an order of
Expedited Removal. On October I0, 2005, he yet again was encountered near Douglas, AZ and
was again removed under an order of Expedited Removal. Alejandro LOPEZ-Lopez stated under
oath that he has never sought permission to reapply for admission to reenter the United States after
having been removed.
WHEREFORE, your affiant avers there is probable cause to believe that Alejandro LOPEZ-
Lopez, a citizen and national of Mexico, was previously removed by ICE to Mexico on May 19,
2005 and on October 10, 2005, and that, prior to his reembarkation at a place outside the United `

Case 1:07-mj—OO197—UNA Document 1 Filed 10/17/2007 Page 3 of 3
States, neither the United States Attorney General nor the Undersecretary for Border and
Transportation Security, Department of Homeland Security, had expressly consented to such
alien's reapplying for admission, in violation of Title 8, United States Code, l326(a).
I
gd-~ (2 gg
. illiam O. Hom ;
Special Agent l
U.S. Immigration & Customs Enforcement
Sworn and subscribed before me this /9, day of October 2007.
" eHo ¤ e aryPat gt!] Q
United J. = Magistrate Judge
District of Delaware j
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