Free Complaint - District Court of Delaware - Delaware

AO 91 (RW 12,9;, @,a,$,gl1éQ,Q[gm,Qii0@085—l\APT Documentl Filed 07/18/2006 Pagel of 3
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
Criminal Complaint
SERGIO ALEJANDRO ARREOLA-MOLINA
CASE NUMBER: 06- 95M- JK/IPT.
I, the undersigned complainant, being duly swom, state the following is true and correct to the best of my
knowledge and belief. On or about July I6, 2006 in New Castle County, in the District of Delaware, defendant, an alien
and citizen of Mexico, was found in the United States after previously having been removed, and prior to his re—entry,
neither the Undersecretary for Border and Transportation Security, DHS, nor the Attomey General of the United States
had expressly consented to his reapplying for admission,
in violation ofTitle 8 United States Code, Section(s) l326ga) .
I further state that I am a(n) Special Agent and that this complaint is based
Official Title
on the following facts:
See attached Affidavit
Contii F p he eet and made a part hereof: Yes _
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_ Signature o Complainant
Michael J. Deshaies
_____ Special Agent
Dilsl)RL-ji {Ai`;-Z; . .
Swo my presence,
July 18, 2006 at Wilmington, DE
Date City and State
Honorable Maiy Pat Thynge I U /)
United States Ma istrate Jud e
Name & Title of Judicial Officer “ Signat re of Judicial c

Case 1:06-mj-00085—lV|PT Document 1 Filed 07/18/2006 Page 2 of 3
AFFIDAVIT
I, Michael J. Deshaies, being duly swom, depose and say:
l. I am a Special Agent with the United States Department of Homeland Security, Bureau of
Irmnigration & Customs Enforcement (ICE), Dover, Delaware. I have been employed as a Special
Agent since October 01, 1997, when the INS employed me. The INS was transferred to the U.S.
Department of Homeland Security as the Bureau of Irmnigration & Customs Enforcement in
March 2003.
2. This investigation is based upon information provided by INS/ICE records, National Crime
Information Center (N CIC), Law Enforcement Service Center (LESC), FBI records, and my own
observations and interviews.
3. On or about July 16, 2006, the ICE/RAC Wilmington office received notification from the
Newark, Delaware Police Department advising that Sergio Alejandro ARREOLA-Molina, bom in
Mexico with a particular date of birth in 1973, was encountered during a traffic stop. Database
and photographic record checks with the Law Enforcement Service Center affirmed that Sergio
Alejandro ARREOLA—Molina was previously removed from the United States.
4. On July 16, 2006, ICE Special Agent William Horn interviewed Sergio Alejandro ARREOLA—
Molina at the Newark Police Department. The subject stated that his true and correct name is
Sergio Alejandro ARREOLA—Molina, and that he was bom on aforementioned date in 1973 in
Mexico. He further stated that he last entered into the United States illegally without inspection
by an immigration officer on or about November 15, 2005 near San Ysidro, CA.
5. Your affiant has reviewed INS/ICE alien database records that indicate Sergio Alejandro
ARREOLA-Molina, with the same aforementioned date of birth in 1973, was removed from the
United States on December 10, 2002 from San Ysidro, Califomia to Mexico.
6. Your affiant queried the subject’s fingerprints in an automated system. The results of that
query showed that Sergio Alejandro ARREOLA-Molina was deported on the occasion cited
above. The FBI database found that the fingerprints submitted matched the fingerprint record
with the name of Sergio A. ARREOHA AKA: Sergio Alejandro ARREOLA-Molina.
7. Your affiant took a sworn statement from Sergio Alejandro ARREOLA—Molina on July 17,
2006 wherein he admitted that he was previously removed from the United States in December of
2002. The subject ARREOLA-Molina also stated that he last entered into the United States
illegally on about November 15, 2005 without inspection or parole by an immigration officer and
without permission from any authorized govemment official. An ICE status verifier at the Law
Enforcement Service Center where ARREOLA-Molina’s "A" file is located stated that no
application for advance permission to reapply for admission into the United States from either the
Attorney General or the Undersecretary for Border and Transportation Security of the Department
of Homeland Security was found in that file.

Case 1:06-mj-00085—IV|PT Document 1 Filed 07/18/2006 Page 3 of 3
WHEREFORE, your affiant avers that there is probable cause to believe that Sergio Alejandro
ARREOLA-Molina, a citizen and national of Mexico, was found in the United States after having
been removed by the INS to Mexico on December l0, 2002, 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
expressly consented to such alien's reapplying for admission, in violation of Title 8, United States
Code, l326(a).
s ,.' _.- _i`[/i ..
Michael J. Deshaies
Special Agent
U.S. Immigration & Customs Enforcement
Subscribed and sworn before me on the l8"‘ day of July, 2006.
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