Free Complaint - District Court of California - California

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Case 5:07—cr—00356-JF Document 1 Filed 05/18/2007 Page 1 of 3
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IGHUIUEYJ §t&t|2S EISYYIU Ql;IJllI`lI pi., Q F,.
NOR”l.`l·IERl\l DISTRICT OF CALIFORNIA
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UNITED STATES OF AMERICA -?%§2E~iti.?20 ttl. `a“lEi’ii§~t0
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V. CRIMINAL COM.PLAENÂ¥ltt t. ti? {ifi. SJ (y{=?,./A
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RAMEREZ-Perez, Antonio
thiiiine and Address r1i`l.}eti:it S NJM =E§q: -— » 1 e..,I_:? E___I___ .=E_
1.the undersigned complainant being duly sworn state the following is true and correct to the best of my
knowledge and belief. On a date unknown but no later than, April 23, 2007 , in Santa Clara County
ll'} IIIB NOYih€YH [)IS‘{I`iCt of CHllfOYHiH €i€l:€HdEl.I'1I{S) W3S,t’i`rack Statiitoty isztnguagc ot`{_)tll:nscl
Unlawfttlly re~entered and was found inthe United States after deportation, without the permission
ofthe Attorney General
in violation of Title 8 United States Code, Section(s) 1326
l further state that l ain a(n) Depottation Officer and that this complaint is based on the following;
Official Title
facts:
SEE ATTACHED AFHDAVIT
PEN/\LTll£S: $250,000.00 fine. twenty (20) yeats imprisonment, $l00.00 special assessment fee. and
a Term of Supervised Release upto three years.
Requested bail: Issue no bail warrant.
APPROVED AS TO FORM: * t A. ._.. _ -
SSISTANT UNITED STATE · TORNEY
Continued on the attached sheet and made a part hereof: >< Yes El N
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Sii:gnalttret>fC`oi11p i€a its `
Sworn to before me agid spbscrihed in my presence. XX
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q it lg § 3 at San Jgse. fiialifornia
i D tc .. City an State
I Howard R. Lloyd t‘l . _ ‘"''i..
` United States Magistrate judge ` § _ {/tp
Nuanc & `litie ofiiitlictal Officer Si iaiure ol ttdiciai Otticcr j N

.- Case 5:07—cr—00356-JF Document 1 Filed 05/18/2007 Page 2 of 3
RE: RAl\/HREZ.-Perez, Antonio A99 467 429
I ani a Deportation Officer of the United States Department of Homeland Security (DI--iS),
Immigration and Customs Enlorcement (ICE) and have been employed since July 7, l997. I am
currently assigned to the Criminal Alien `Program (CAP) Unit of the San Jose Sub-Office. in
such capacity, l have reviewed the ofticiai tile relating to the above named individual. which
attests to the following:
(I) Mr. RAl\/IiRiEZ.~Perez a 33-year—old male who has used eighteen (18) aliases and three (3)
dates of birth in the past.
(2) Mr. RAl\/EIRIEZ-Perez. has been assigned one {1) Alien Registration number of A99 467
429. FBI number of 975'/ISHB9, California Criminal irilbrmation Index number of
Al 173938 l r and Santa Clara County Department ofCorrection number l)l\/IP850.
(3) Mr. RAMiREZ~Perez is a native of Mexico and a citizen of Mexico since birth. A check
through official records shows that he was arrested and deported on one (l) occasion
from the United States:

A HATE PLACE OF DIEPORTATION
May 2, 2006 Caiexico, CA
(4) i\/ir. RAl\/llRiEZ—Perez last entered the United States at or near Calexico, CA on or aiier
May 2. 2006, by crossing the international border without inspection subsequent to
deportation.
(5) Mr. R,Ai\/IiREZ~Perez on a. date unknown, but no later than April 23, 2007, in Santa Clara
County in the Northern Bistrict of California, was found to be unlawfully present in the
United States. after prior arrests and deportation, without the permission ofthe Attorney
General or the Secretary of Homeland Security, in violation of Title S. United States
Code, Section i326. On April 26. 2007, Mr. RAl\/llRi€Z—i’erez was interviewed by
Immigration Enforcement Agent (IEA) Erin Diep at the Santa Clara County Main Jail,
San jose. CA, and during that interview, Mr. RAl\/iIREZ—Perez was advised of his
Miranda rights in Spanish. i\/ir. RAMlREZ—Pere2 invoked his Miranda rights and
declined to provide a written sworn statement. However, on March I3, 2006, Mr.
RAl\/iiREZ—Perez waived his Miranda rights and provided a sworn statement attesting to
his alienage, and failure to obtain permission from the Attorney Generai or the Secretary
of Homeland Security to enter the United States.

-~ Case 5:07—cr—00356-JF Document 1 Filed 05/18/2007 Page 3 of 3
RE: RAMIREZ-Perez, Antonio A99 467 429
(6) Mr. RAMlREZ-Perez was, on December I3, i997, convicted in the Superior Court of
California, in and for the County of Santa Clara, for the offense of BURGLARY:
SECOND DEGREE, a felony, in vioiation of Section 459/460(b) of the Caiifornia Penal
Code, and was sentenced to four (4) months in jaii.
(7) Mr. RAMIREZ-Perez was, on February I, 200i, convicted in the Superior Court of
California, in and tor the County of Santa Clara, for the offense of INFLlCT CORPORAL
INJURY TO SPOUSE/COi%IA.BITANT`, a misdemeanor, in violation of Section 273.5(a)
ofthe Calitornia Penal Code, and was sentenced to fourty—five (45) days in jait.
1 (8) Mr. R,AMIRIEiZ—Perez was, on May 20, 2002, convicted inthe Superior Court of
California, in and for the County of Santa Clara, for the offense of BATTERY, a
I misdemeanor, in violation of Section 242/243(a) of the California Penal Code, and was
sentenced to sixty (60) days in jail.
~ (9) Mr. RAMiRliZ—Perez was, on March E4, 2006. convicted in the United StatesDistrict
Court. District of Arizona, for the oftense of ILLEGAL ENTRY, a petty offense, in
violation of Titie 8 USC, i325, and was sentenced to tifty (50) days.
(t 0) Mr. RAMIREZ~Perez was, on April 25, 2007, convicted in the Superior Court of
California, in and for the County of Santa Clara, for the offense of DRIVING WHILE
HAVING A 0.08% OR HIGHER BLOOD ALCOHOL. a misdemeanor, in violation of
Section 23 i52(b) ofthe California Vehicie Code, and was sentenced to fourtydive (45)
days in jail.
(i l) On the basis ofthe above information, there is probable cause to believe that Mr.
RAt\/IIR,EZ—Perez illegally re-entered the United States, in v` •. tion of Title 8, United
States Code, Section IB26. _ _
Trong Q. Nguye
Deportation Officer ‘
Immigration and Customs Enforcement
Subscribed and sworn to before me this i 0 day of ` , 2007
,_r
HOWARD };LOYD I `` `
UNITED Siig ES MA · TE JUDGE

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