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NORTHERN DISTRICT OF CALIFORNIA ép
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HERNANDEZ, JOSE MANUEL CRIMINAL COM T {gg —~é= -
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CASE NUMBER; ·»°`»&,»;a RI
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(Name and Address of Deiendant) ? 1
I, 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 September 0l, 2006 in Santa Clara County
ll'! EDB NOTTDGIB DiSITiC{ of CHHTOIHI3 d€f€HdElTl{(S) did,(Track Statutory Lmiguage of Oltensc}
Uniawfully re~—enter and was found in the United States after deportation, without the permission of
the Attorney General or the Secretary of the Homeland Security.
in violation of Title 8 United States Code, Section(s) 1326 .
I further state that I am a(11) Special Agent and that this complaint is based on the following _
Ofhcial Title
facts:- .
SEE ATTACHED AFFIDAVIT
PENALTIES: $250,000.00 fine, twenty years imprisonment and Sl00.00 special assessment fee and `_
a Terra of Supervised Release up to three years. `
Requested bail: Issue no • il nt / government will request detention. `
APPROVED AS TO FORM: m___,w ___, M , _W__, I
ASS STANT UNIT D STATES ATTORNEY
Continued on the attached sheet and made a part hereof: Fges lf] No
Signature of Complainant
Sworn to before ine and subscribed in my presence,
tg {gg 5 Gt 2006 at San Jose, California
Date { City and State
Patricia V. Trumbull ,,, ,, r N _ jr it fyi I
United States Magistrate Judge iff ’ »r,.;_,. it-efigii/;Zri?·y
Name & Title of Judicial Ofticer Signature of Judicial Officer
Case 5:07-cr—00321-JF Document 1 Filed 10/19/2006 Page 2 of 4
AFFIDAVIT OF SPECIAL AGENT PERCY ORUM
i am a Special Agent of the United States Department of Homeland Security, Immigration
and Customs Enforcement (°°lCE"), forinerly known as the United States Immigration and
Naturalization Service (“INS"). The departmental change from INS to ICE became
effective on March 0l, 2003, pursuant to Executive Orders ofthe Homeland Security Act.
l have been employed with INS/ICE since March 05, 1980. [ ani currently assigned to
the Alien Criminal Apprehension Program ("ACAl°") Unit ofthe San Jose Sub—oftlce. ln
such capacity, I have reviewed the official tile relating to the below named individual,
which attests to the following:
(l) HERNANDEZ, JOSE MANUEL (“‘l~iERNANDEZ") is a 3l~year~old male native
and citizen of Mexico, who has used fifteen (i5) aliases and tive (05) dates of
birth in the past. ‘
(2) HERNANDEZ, has been assigned one (l) Alien Registration number of A075
524 809, FBI number of l8l073XA6, Santa Clara County Personal File Number 1
of DFA096, and a California Criminal information Index number of: Al089963l, i
(3) On December lil, l996, HERNANDEZ was convicted in the Superior Court of
the State of California, in and for the County of Santa Clara, for the offense of
lNFLlCTING CORPORAL INJURY ON SPOUSE/' COHABITANT/ETC., A
EELONY, in violation of Section 273.5 of the California Penal Code. This is _;
defined as an aggravated felony under Title 8, United States Code, Section `
ll0l(a)(43)(F).
(4) A check through ICE’s records shows that HERNANDEZ was arrested and
deported on one (Ol) occasion from the United States: on April l9, 2000 at
Nogales, Arizona. -
(5) HERNANDEZ last entered the United States at or near an unknown place and
date after November 02, 2005, by crossing the international border without
inspection subsequent to deportation.
(6) HERNANDEZ, on a date unknown but no later than September 01, 2006, at Santa
Clara County Jail, Milpitas, California, was found to be unlawfully present in the
United States after prior arrest and deportation, without the permission ot` the
Attomey General or the Secretary of the Homeland Security, in violation of Title
8, United States Code, Section 1326.
1
l . i
Case 5:07-cr—00321-JF Document 1 Filed 10/19/2006 Page 3 of 4
(7) On September 01, 2006, HERNANDEZ was interviewed by aftiant at the Santa
Ciara County Jail, Milpitas, California, Northern District of California. During
that interview, in Spanish, HERNANDEZ was advised of his Miranda rights.
HERNANDEZ waived his rights and gave a sworn statement. HERNANDEZ
admitted alienage, prior deportation, and his failure to obtain permission from the
Attorney General or the Secretary of the Homeland Security to return to the
United States after being, deported. Additional information concerning alienage,
prior deportation and HERNANDEZ’s failure to obtain permission from the
Attorney General or the Secretary of the Homeland Security to return to the
United States after deportation was obtained from I-IERNANDEZE alien file,
ICE, state, FBI, and local checks.
(S) On September Ol, 2006, HERNANDEZ provided his right thumb and right index
fingerprints with his sworn statement. A latent print examiner at the Santa Clara
County Sheriff s Department compared those fingerprints with HERN“Al\l'DEZ’s
fingerprints on the executed Warrant of Deportation and his Santa Clara County
Booking fingerprints. The latent print examiner determined that the fingerprints 1
were identical and related to HERNANDEZ.
(9) There is no record in the official fiie of the United States Department of .
Homeland Security, immigration and Customs Enforcement that HERNANDEZ Z
ever applied to the Attorney General or the Secretary of the Homeland Security to i
reenter the United States after deportation. _
(10) HERNANDEZ is currently in custody at the Santa Ciara County Jail., Milpitas,
California on states charges with a pending release date.
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Case 5:07-cr—00321-JF Document 1 Filed 10/19/2006 Page 4 of 4
(ll) On the basis of the abovedescribed infomation, there is probable cause to
believes that HERNANDEZ illegally entered the United States, in violation of
Title 8, United States Code, Section l326.HERNANDEZ was found in the United
States after having been deported, and he had not sought permission from the ‘
United States Attorney Genera} or the Secretary of the Hoineiand Security to re~
enter the United States.
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{ iQ
Percy Orurn
Special Agent
U.S. Immigration and Customs
Enforcement W A
S ` · @2 ri F5
ubscribed and sworn to before me this i day of er W »»‘ , 2006. A
iz/K?;§ 52.3; Va xji}Q·i<*¤»»»¤§?"i# P , RTCTA V. TRUMBULL
UNITED STATES MAGISTRATE
JUDGE
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