Free Complaint - District Court of California - California

Case 5:07—cr—00342-JF Document 1 Filed 05/16/2007 Page 1 of 3 _
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y. C, .... COMPLAINT 0.C.e
`Erasrno DlAZ—Gonzales l -
(Name and Address Of-DۤK51ld3ill) / ... _ _ _ E n
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E, the undersigned complainant being duly sworn state the foll inl is true ‘‘' of my
knowledge and belief On. a date unknown but no later than, April 24, 2007 , in Santa Clara County `
in the Northern District of California defndant(s)
1 Unlawfully re—entered and was found inthe United States after deportation, without the permission l
ofthe Attorney General :3
in violation of Title 8 United States Code, Section(s) l326
I further state that l am a(n) Deportatiort Ofticer and that this complaint is based on the following .
O Ilicial Title -
facts: I
SEE ATTACHED AFFIDAVIT
PENALTTES: $250,000.00 Hne, twenty years imprisonment and $100.00 special assessment fee .
and a Term of Supervised Release up to three years.
Requested bail: Issue no bail warrant. l ‘
APPRO\/so AS TO FORM: gg as, , 2 if. __ _ . t,a,_;( ’ _
ASSI ; ANT UMTED STA ;_. - ...=, .. Rlbailiy
Continued on the attached sheet and made a part hereof: >< Yes Cl N l
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. igitaturc offoniplztiiiaut
Sworn to before rn? and subscribed in my presence,
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§ i Q at San alifornia
Date Cityai State
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Howard R. Lioyd 3 ‘`---. _ _ Q
UNITED STATES MACHSTRATE IUDGE . . `
Name & Title ofinaiiciul Ofilccr `igizat ofjutlicial Officer

{ Case 5:07—cr—00342-JF Document 1 Filed 05/16/2007 Page 2 of 3
RE: DIAZ—Gonzales,Erasmo A 072 997 664
1., Darin L. Masterton, am a Deportation Officer of the United States Department of Homeland
Security, Immigration and Customs Enforcement (ICE). l have been employed by this agency,
and the former Immigration and Naturalization Service (lNS), since September 15, 1996. I am
currently assigned to the Criniinal Alien Program (CAP) at the San Jose, California Sub~Oftice.
in such capacity, i have reviewed the official immigration "A—i%`ile" relating to the above named `
defendant, which attests to the following:
(1) DEFENDANT: Erasino DIAZ~Gonzales, is a 30-year~oE.d male, citizen and native of `
Mexico, born on January 19, 1977, in Oaxaca, Mexico, substantiated by ofticial A—File
records, and statements given by the DEFENDANT on April 24, 2007, to ICE .
Immigration Enforcement Agent Erin Diep;
(2) The DEi*`EN`DANT has been assigned Alien Registration number of A072 997 664, FBI
number of 785637XAO, and California Criminai information Index number of
A12l0S526;
(3) The DEFENDANT is also know by the following alias (“AKAs’°) names;
Marie Erasto SANTOS—BARRAGAN
(4) On October 1.7, l996, iNS arrested and deported the DE.F`EN`DAN`T from the United
States to Mexico; _
y (5) On November 15, 1996, INS arrested and deported the BEFENDANT from the United
A States to Mexico;
(6) On August 27, i997, INS arrested and deported the .D.EFENDANT from the United States
to Mexico;
(7) On September 9, 1997, the DEFENDANT was convicted in the United States District
Court, for the offense of REENTRY AFTER DEPORTATION, a felony, in violation of
Title 8, United States Code, Section 1326, and was sentenced to two months in federal
prison;
(8) On, the DEFENDANT was encountered by 1CE lrnrniration Enforcement Agent (IEA)
Erin Diep at the Santa Clara County Jail, San Jose, California, and determined to be
unlawfully present in the United States after a prior deportation. IEA Diep advised the
DEFENDANT of his Miranda rights in the English and Spanish language. The
DEFENDANT waived his Miranda rights and provided a written sworn statement
attesting to his alienage, prior deportation, and failure to obtain permission from the
Secretary of the Department of Homeland Security or the United States Attorney General
to reenter the United States;

_ C_ase 5:07—cr—00342-JF Document 1 Filed 05/16/2007 Page 3 of 3
RE; DIAZ-Go1izates,Erasmo A 072 997 664
(9) The DEF`ENDAN`T°s official A—File does not contain any record or indication that the
DEFENDANT requested or received permission from the Secretary of the Department
of Homeland Security or the Attorney General of the United States to reenter
the United States;
(10) Based on the above stated infomation, this Ofiicer believes there is sufficient probable
cause that the DEFENDANT is present within the United States in violation of Title S,
United States Code, Section l326.
Diaz nqqlb/Eastertoa
Qeportation Officer
immigration and Customs Enforcement
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Subscribed and sworn to before me this day of i , 07
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Howagd ti. Ll yd in l Y
UNITEED STATES MAGEST · TE JUDGE
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Case 5:07-cr-00342-JF

Document 1

Filed 05/16/2007

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Case 5:07-cr-00342-JF

Document 1

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Case 5:07-cr-00342-JF

Document 1

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