Free Complaint - District Court of Delaware - Delaware


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Date: March 8, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1:07-po—OOOO3-l\/IPT Document 1 Filed O3/06/2007 Page 1 of 2
AO 91 (Rev. 12/93) Criminal Complaint E ·
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OE AMERICA
Criminal Complaint
ESVIN ROLANDO IMUL—LOPEZ CASE NUMBER; O7- M PT-·"
I, the undersigned complainant, being duly sworn, state the following is true and correct to tlie best of my knowledge and belief`.
On or about November 2006, defendant did:
illegally enter the United States
in violation ofTitle 8 United States Code, Section(s) l325g ag y
I further state thatlam a(n) Supervisory Special Agent United States Department of Homeland Security Bureau of Immigration
& Customs Enforcement and that this complaint is based on the following facts:
See attached Affidavit
. i
Continued on the attached sheet and made a part hereof; Yes e
["“""___"_`-H-- E ·" "H Signature ofComplainant
] » ' __ __ William O. Horn
' i·;isZH E-.Y.,i·' Supervisory Special Agent
Bureau of Immigration &. Customs Enforcement
[F_~|y·§p·,?|_.,;:_,|RT U.S. Department of Homeland Security
I [_=‘.‘ii‘ti-Ci ti! _________,__,
Sworn to before me and subscribed in my presence,
£ éf oz/ii }'“' at Wilmin ton D
Date City an lHl
Honorable Mary Pat Tliynge 1, "" 4
United States Magistrate Judge l 4; ` _
Name & Title Oriuaieiai oriieei u c,. / ,

Case 1:07-po—OOOO3-l\/IPT Document 1 Filed O3/06/2007 Page 2 of 2
AFFIDAVIT
I, William O. Hom, being duly sworn, depose and say:
l. 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 I, l997, 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 March 05, 2007, ICE Agents encountered Esvin Rolando IMUL—Lopez at the
Georgetown, Delaware, Police Department, in the District of Delaware. After seeing a tattoo of
"I\/IS" on his left hand, an ICE Agent advised Esvin Rolando IMUL—I.opez of his rights and asked
whether he was in the United States legally. He stated that he is in the United States illegally. ‘
4. On March 06, 2007, your affiant again advised Esvin Rolando II\/IUL—Lopez of his rights and `
interviewed him at the ICE office in Dover, DE, where he advised your afiant that his true and
correct name is Esvin Rolando Il\/IUL—Lopez and that he is a citizen of Guatemala. When asked,
Esvin Rolando Il\/IUL—Lopez stated that he had entered the United States illegally, without being
inspected by an Immigration Officer. He stated that he had crossed the border well away from the
Port of Entry where the Immigration Offciers are located. Your affiant asked Esvin Rolando
II\/IUL—Lopez about the tattoo on his hand, and he stated that he had been a member of l\/lS—l 3 in
Guatemala. .
5. Your aftiant has reviewed the computerized databases of ICE and Citizenship and Immigration
Services (CIS), another component of the Department of Homeland Security that was previously
part of the INS, and found no evidence of any lawful status for Esvin Rolando II\/IUL—Lopez.
VVHEREFORE, your affiant avers there is probable cause to believe that Esvin Rolando Il\/IUL—
Lopez, a citizen and national of Guatemala, knowing entered the United States illegally, without
being inspected by an Immigration Officer, in violation of Title 18, United States Code, l325(a).
·//F I
`Yf-—?i%"t”*T"‘ L `mhiI°i_-"""‘
- William O. Horn
A Special Agent
U.S. Immigration & Customs Enforcement