Free Complaint - District Court of Delaware - Delaware

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A0 91 (Rev. 12/93) Criminal Complaint ¤·
United States District Court ll
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DISTRICT OF DELAWARE
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UNITED STATES OF AMERICA
Criminal Complaint I
RUBEN SANTANA—MlLLAN O I
a/lc/a RUBEN Puosaosa-MILLAN 6 " ‘°’ ""’- A 7 U2 M {VPU I
(Name and Address of Defendant)
I, the undersigned complainant, being duly sworn, state the following is true and correctto the best of my knowledge and belief
On or about April 30, 2007 , in New Castle County, in the District of Delaware defendant(s),
(Track Statutory Language of Offense) ` U I
a citizen and national of Mexico who had previously been removedfdeported from the United States on or about June 8, 1998, was found in the l
United States, and prior to his reembarkation at a place outside the United States neither the Undersecretaiy for Border and Transportation
‘ - 7..Security, Department of Homeland Security, nor the Attomey General had expressly consented to such alien’s reapplying for readmission,
" in violation of Title 8 United States Code, Section(s) 1326ga) .
I further state that I am a(n) Deportation Ofticer, U.S. Immigration and Customs Enforcement and that this complaint is based l
. Official Title
on the following facts:
SEE ATTACHED AFFIDAVIT /
Continued on the attached sheet and made a part hereof: YES I, D
· Sig n ure of inant
David W. Savina ·
Deportation Officer
U.S. Immigration and Customs Enfor F I L E D
. · JUN 5 2007
Sworn to before me and subscribed in my presence,
. U.S. DISTRICT COURT
DISTRICT OF DELAWARE
at Wilmington DE
Date City --¤ Sta — -
Honorable Many Pat Thynge .. l
United States Magistrate Judge ` _
Name & Title of Judicial Officer gnature i ial O cer I [

O Case 1 :07-mj-00112-MPT Document 1 Filed 06/05/2007 Page 2 of 3
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AFFIDAVIT
I, David W. Savina, being duly sworn, depose and say: I
1. I am a Deportation Officer with the United States Department of Homeland Security, Bureau
of Immigration & Customs Enforcement (ICE), Dover, Delaware. I have been employed as a ;
Deportation Officer since September 14, 1998, when the INS employed me. The INS was I
transferred to the U.S. Department of Homeland Security as the Immigration & Customs
‘ Enforcement Division in March 2003. ` j
2. This investigation is based upon information provided by DHS/ICE records, National Crime
Information Center (N CIC), FBI records, and my own observations and interviews.
3. On or about April 30, 2007, the ICE Dover, Delaware office received notification from the
Howard Young Correctional Institution in Wilmington, DE that a possible illegal alien was
incarcerated at the facility on charges levied against him by the New Castle County Police
Department. ICE database and N CIC record checks were conducted that indicated the subject, i
Ruben SANTANA-Millan afk/a Ruben PEDEROSA-Millan, was a possible illegal alien from
Mexico. I
4. On May 30, 2007, your affiant interviewed Ruben SAN TANA-Millan at the Howard Young I
Correctional Institution in Wilmington, Delaware. Once advised of his rights in English
pursuant to Miranda v. Arizona, Ruben SAN TAN A-Millan signed a written waiver of his rights
and agreed to speak with your affiant. The subject stated that his true and correct name is p
Ruben SANTANA-Millan and that he was born on a particular date in 1968 in Mexico. He I
stated that he last entered the United States illegally without inspection or parole by an I
immigration officer on or about 2001, at or near the California border. `
5. Ruben SANTANA-Millan is currently housed at the Howard Young Correctional Institution
in Wilmington, Delaware awaiting the adjudication of Criminal Mischief and Reckless
Endangering 2° charges. DHS/ICE has a Detainer placed with the Delaware Department of '
Corrections, and will take custody of Mr. SANTANA—Millan upon the adjudication of his State
charges.
6. Your affiant has reviewed DHS/ICE alien database records and alien tile A28 542 252 that
indicate Ruben SANTANA-Millan, born on a particular date in 1968 in Mexico, originally
entered the United States without inspection in or around March 1986. Ruben SANTANA-
Millan was removed from the United States to Mexico on April 19, 1991. Ruben SANTANA-
Millan reentered the United States illegally on or about June 5, 1998. Ruben SAN TANA—Millan
was again removed from the United States to Mexico on June 8, 1998. I
7. Your affiant queried the subject’s fingerprints in an automated system. The results of that
query showed that Ruben SANTANA-Millan was deported on the occasions cited above. The ,
FBI database found that the fingerprints submitted matched FBI # 80693MA4 with the name on
record of Ruben SANTANA-Millan a/k/a Ruben PEDEROSA—Millan. I
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Case 1 :07-mj-00112-MPT Document 1 Filed 06/05/2007 Page 3 of 3
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8. ICE and criminal database checks revealed that in May 2007 Ruben SAN TANA-Millan had - E
been convicted of Criminal Contempt of a Domestic Violence Protective Order in New Castle
County, Delaware, and was sentenced to 1 year incarceration suspended for time served and ’
probation. i
WHEREFORE, your affiant avers that there is probable cause to believe that Ruben
SANTANA-Millan, a citizen and national of Mexico, was removed by the Immigration and ‘
Customs Enforcement Division to Mexico on June 8, 1998, and prior to his reembarkation at a ‘
place outside the United States, neither the Undersecretary for Border and Transportation
Security, Department of Homeland Security nor_the Attorney General of the United States had j
expressly consented to such alien’s reapplying for admission, in violation of Title 8, United
States Code, 1326(a).
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David W. Savina
Deportation Officer . i
U.S. Immigration & Customs Enforcement
Subscribjgand sworn to before me i
this day of , 2007.
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Um e States Magistrate Judge ·~·~-~~··
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