Free Redacted Document - District Court of Delaware - Delaware


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Date: May 31, 2006
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Category: District Court of Delaware
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, Case 1 :06-mj-00070—lV|PT Document 2 Filed 05/30/2006. Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint A
J United States District Court
. DISTRICT OF DELAWARE H
UNITED STATES OF AMERICA
Criminal Complaint
v.
Tomas LUCAS—Ignacio CASE NUMBER; 06- '} O ,4
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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 5-22-06 in Sussex County, in the District of Delaware, defendant(s) an
alien and subject of Guatemala, was found in the United States after being deported to that country on or about 4-4-03,
and the defendant was knowingly in the United States, and prior to the defendant’s return to the United States the
defendant did not have the permission of either the Attorney General or the Undersecretary for Border an,d,Transportation
cz:
Security, Dept. of Homeland Security in violation of Title 8 United States Code, Section(s) 1% further
·—< iis
state that I am a(n) Special Agent, ICE and that this complaint is basecggn
Affidavit. TZ Qi;
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MJ 9 ura2..J.."~*
Si gnalurc of Com ainant ·
SA Michael Deshaies, ICE V
F l L E D
lworn to before me and subscribed in my presence,
MAY 3 0 2006
av 0 at Wilmin ton DE : _ _;_
M9 CNY md SW6 n $rl2icrnr0E1Aw¤RE
Honorable Mary Pat Thynge ,
United States Magistrate Judge A 'ijé,. -
lame & Title of Judicial Officer Si {M of Judicial Ot r ' -

Case 1:06-mj-00070—lV|PT Document 2 Filed 05/30/2006 Page 2 of 3
AF FIDAVIT
I, Michael J. Deshaies, 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 01, 1997, when the INS employed me. 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 upon information provided by INS/ICE records, National Crime
Information Center (NCIC), National Records Center (NRC), FBI records, and my own
observations andinterviews.
3. On or about May 22, 2006, tl1eICE/Dover office received notification from the Georgetown,
Delaware Police Department advising that Alejandro ZACARIAS AKA: Tomas LUCAS-
Ignacio, born 1969 in Guatemala, was in custody.
4. On May 22, 2006, ICE Special Agenthliclaael `Deshaics interviewed Tomas LUCAS-Ignacio at
the Sussex Correctional Institute in Georgetown, Delaware. The subject stated that his true and
correct name is Mejandro MA'l`EO—Zacarias and that he was born on 1970 in
Guatemala. He further stated that he last entered into the United States illegally without
inspection by an immigration officer on or about May I0, 200l near El Paso, Texas.
5. Your affiant has reviewed INS/ICE alien database records that indicate Tomas LUCAS-
Ignacio, born March 26, 1969 was removed from the United States on two occasions: July 8,
1999 from New Orleans, Louisiana to Guatemala and April 04, 2003 from Houston, Texas to
Guatemala.
6. Your affiant queried the subject’s fingerprints in an automated system. The results of that
query showed that Tomas LUCAS-Ignacio was deported on the two occasions cited above. The
FBI database found that the fingerprints submitted matched FBl#327707JA1 with the name on
record of Carlos HUMBERTO-Diaz AKA: Tomas LUCAS—Ignacio. The FBI record indicates l
that the subject has used at least ten aliases in the past.
7. An INS status verifier at the National Records Center where file A70 171 496 is located sent a
faxed copy of a properly executed Form I-205 Warrant of Deportation indicating Tomas
LUCAS-Ignacio was removed from llouston, Texas to Guatemala on April 04, 2003. _
Furthermore, 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 INS file A70 171 496.

Case 1:06-mj-00070—lV|PT Document 2 Filed 05/30/2006 Page 3 0f 3
WHEREFORE, your affiant avers that there is probable cause to believe that Alejandro `
MATEO-Zacarias AKA: Tomas LUCAS—Ignacio, a citizen and national of Guatemala, was
removed by the INS to Guatemala July 08, 1999 and April 04, 2003, 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).
rm»,l2,.aQ @@2.9,..,,.4
SA Michael J. Deshaies, ICE