Free Redacted Document - District Court of Delaware - Delaware

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SILVIA LANDA—MARTlNEZ
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 March 19, 2006 in Sussex County, in the District of Delaware, the defendant was knowingly present in the United States, having
been previously deported from the United States, and had not obtained the permission of either the Attorney General of the United States or the
Undersecretary for Border and Transportation Security to re—enter the United States,
in violation of Title 8 , United States Code, Section 1326g al. V
I further state that I am a(n) Special Agent, Bureau of Immigration & Customs Enforcement (ICE! and that this complaint is based
Official Title
on the following faets: a
See attaehed Affidavit
Continued on the attached sheet and made a part hereol? Yes
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Signature uf Complainant
William O. Horn
" Special Agent
ICE
U.S. Dep’t of Homeland Seeurity
Sworn to before me and subscribed in my presence,
March 24, 2006 at Wilmington, DE ‘
Date City and State
Honorable Mary Pat Thynge S
United States Magistrate Judge p ‘
Name & Title of Judicial Officer Sign ture of J dicia ftieer `
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Case 1:06-cr-00029-JJF Document 2 Filed O3/24/2006 Page 2 of 3
_ i AFFIDAVIT A
I, WILLIAM O. HORN, being duly sworn, depose and say: i
1. 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
Supervisory 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,
I INS/ICE records, and my own observations and interviews. I
3. On or about March 19, 2006, ICE Dover assisted the Delaware State Police in a raid on a house
of prostitution in Roxana, DE, in the District of Delaware. Working in that house, as a prostitute,
was a woman who gave her name as Silvia LANDA-Martinez. When her fingerprints were
checked through the Integrated Automated Fingerprint Identification System (IAFIS) and ICE’s
IDENT system, they showed that Silvia LANDA-Martinez, -1978, Mexico, had an alien file
(A—File) with ICE, A97 436 391.
4. The A-File relating to Ms. LANDA was located at ICE’s National Records Center (NRC). The
NRC sent to Dover, by facsimile, a copy of various documents from the file. Among these
documents were: a Form I-213, Record of Deportable/Inadmissible Alien, executed by an ICE
Special Agent in New Jersey, showing that Ms. LANDA had been encountered in a house of
prostitution in Jture, 2004; a sworn statement by Ms. LANDA on June 14, 2004, in which she
admitted that she was an illegal alien; and an executed Form L205, which showed that Silvia
LANDA-Martinez had been removed Eom the United States to Mexico on July 20, 2004.
5. In the alien file, there was no evidence that Silvia LANDA-Martinez had filed an Application
for Advance Permission to Reapply for Admission to the United States, which is required to be
filed prior to attempting to enter the United States, after one has been removed from the US.
6. Your affiant took a statement, under oath, from Ms. LANDA, in which she stated that she had
previously been removed Eom the United States to Mexico in July, 2004; that she reentered the
United States illegally on February 14, 2005; and that she has never filed an Application for
Advance Pernrission to Reapply for Admission to the United States after having been removed.
Ms. LANDA stated that she entered California near Tijuana, in the trunk of a car. p
WHEREFORE, your affiant avers that there is probable cause to believe that Silvia LANDA-
Martinez, a citizen and national of Mexico, was removed by INS/ICE to Mexico on July 20, 2004,
and that, prior to her reembarkation at a place outside the United States, neither the United States
Attorney General nor the Undersecretary for Border and Transportation Security, Department of

Case 1:06-cr—OOO29—JJF Document 2 Filed O3/24/2006 Page 3 of 3
Homeland Security, had expressly consented to such alien*s reapplying for admission, in violation
of Title 8, United States Code, l326(a).
1a1n O. Hom I
Special Agent
_ U.S. Immigration & Customs Enforcement
Sworn to and subscribed before me
this gf day of March, 2006 :
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