Free Complaint - District Court of Delaware - Delaware

, Case 1:06-cr-00134—GlV|S Document 1 Filed 11/21/2006 Page 1 of 3
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OE AMERICA CI'IIllIIl2ll COIIIPIHIIII
V. criss NUMBER: 06- |•.l‘5 M
Richard DIAZ-Garcia
1, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief.
On or about November 10, 2006 in New Castle County, in the District of Delaware, defendant, an alien, was found in
the United States, after previously being deported to the Dominican Republic, and 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 ofthe Department of Homeland Security
had expressly consented to defendant’s reapplying for admission to the United States
in violation of Title 8 United States Code, Section(s] 1326(ag .
I further state that I am a(n) Special Agent, Department of Homeland Securig, ICE and that this complaint is based
Ofticial Title
on the following facts:
See attached Affidavit
Continued on the attached sheet and made a part hereof; Yes X
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Signature of Complainant
William O. Horn
Special Agent, ICE
Sworn to before me and subscribed in my presence,
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Honorable Mary Pat Thynge 4 i 4 7 /
United States Magistrate Iudge ;[;_ _____ _`, ,g14_g1{,
Name & Titlc ofludicial Oftieer ‘ Signature of Judicial O r I

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AFFIDAVIT
I, William O. Hom, being duly sworn, depose and say:
1. I am a Special Agent with the United States Deparnnent 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 November 10, 2006, ICE Wilmington received notification from the New Castle County
Police Department that they had an individual named Richard GARCIA in custody, and that
GARCIA had previously been removed from the United States.
4. On November 10, 2006, your affiant spoke briefly with Richard GARCIA at the Headquarters
of the New Castle County Police Department, and advised him of his rights. He stated that he was
Richard DIAZ-Garcia, a citizen of the Dominican Republic and that he had been removed from
the United States on three previous occasions. A check of ICE databases showed that a Richard
DIAZ-Garcia, with A—number A77 624 771, had been removed from the United States on three
previous occasions. The individual in custody had used the name Richard D. GARCIA. A
detainer was lodged to ensure that the subject would come into ICE custody once released by the
state of Delaware.
5. On November 20, 2006, the subject was tumed over to ICE. Your affiant advised him of his
rights and interviewed him at the ICE'office in Dover, DE, where he advised your affiant that his
true and correct name was Richard DIAZ—Garcia, that he is a citizen of the Dominican Republic
and that he had previously been removed from the United States three times. When asked, he
stated that he had been removed from the United States in 2000, 2002 and 2004. He stated that he
had not requested or obtained permission to reapply for admission to the United States.
6. Richard DIAZ-Garcia admitted that he had pled guilty in Delaware on March 29, 1999 to
Possession with Intent to Distribute Cocaine and Resisting Arrest. He was sentenced to six
months’ incarceration on each of those charges, both suspended for probation. On October 10,
2002, the conviction order was corrected to read "Possession of Cocaine."
7. On November 20, 2006, Richard DIAZ-Garcia was fingerprinted on an Integrated Automated
Fingerprint Identification System (IAFIS) machine, and those fingerprints matched those of
Richard D. GARCIA, born in the Dominican Republic, A77 624 771, FBI Number 212479IBO.
That record is in the name of Richard D. GARCIA, and references Richard DIAZ-Garcia as an
alias.
8. Your affiant has reviewed the alien file, A77 624 771, relating to Richard DIAZ-Garcia, and
found that the file contains three executed Forms 1-205, showing that Richard DIAZ—Garcia was

Case 1:06-cr-00134—GIV|S Document 1 Filed 11/21/2006 Page 3 of 3
removed from the United States to the Dominican Republic on February 24, 2000 from Baltimore,
MD, December 04, 2002 from Alexandria, LA, and on May 03, 2004 from Opa Locka, FL. In
addition, there were at least two other encounters, when he was a stowaway and was deported,
according to Immigration database records. At one time, another A—file, A74 010 878, was
created, in the name Jorge DIAZ, and materials from the file were subsequently included in the A-
File for Richard DIAZ-Garcia, A77 624 77l. Your affiant found no evidence of any filings for
pennission to reapply for admission to reenter the United States after having been removed in
either of the files.
WHEREFORE, your affiant avers there is probable cause to believe that Richard DLAZ—Garcia,
also known as Richard D. GARCIA and Jorge DIAZ, a citizen and national of the Dominican
Republic, was previously removed by INS to the Dominican Republic on February 24, 2000,
December 04, 2002 and May 03, 2004, 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 expressly consented to such
alien's reapplying for admission, in violation of Title 8, United States Code, l326(a).
Wi . Hom
Special Agent
U.S. Immigration & Customs Enforcement