Free Complaint - District Court of California - California

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NORTHERN DXSTRICT OF CALHORNIA
UNITED STATES OF AMERICA § -
arrange, Eleaaar are t it tat? CRIMINAL coivnmunr p.
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l, the undersigned complainant being duly sworn state the following is tree and correct to the best of
my knowledge and belief On a date unknown but no later than December l6, 2006, in Santa Clara
COLIHQQ in lZi1€ Northern District of d€f€Hd3I]€(S) W3S,(Track Statutory Language of
Offense)
Uniawfully re»entered and was found in the United States after deportation, without the
permission of the Attorney General,
in violation of Title 8 United States Code, Section(s) l326
further state that I am a(n) Speciai Agent and that this complaint is based on the following
OHiciaiTit%c
facts:
SEE ATTACHED AFFHDAVIT
PENALTIES: Two years imprisonment, $250,000.00 fine, $100.00 special assessment, a term of
supervised release up to three years.
Requested bail: Issue no bail warragnt! goverprrient will request detention.
rf r
APPROVED AS TO FORM: { 3 §/ii :5 »i'‘ .,., il §iti». ;
it I TANT UNI ' STATE; ATTORNEY
Conripued o the attaph s eet and made a part hereof: >< 6%-Yes [3 No
Signature o Compiainant
Sworn to before nie and subscribed in my presence,
April *27; 2007 at San J cse, California
Date City and State
The Honorable Richard Seeborg E S
United States Magistrate Judge i ”' '
Name & Title of Judicial Oftlcer Signature of Judi ral Officer

- Case 5:O7—cr—OO283-JF Document 1 Filed O4/27/2007 Page 2 of 3 il
RE: DIAZ-Meta, Eleazar A77 419 014 .
Iam a Special Agent ("SA") with the United States Immigration and Customs Enforcement (ICE) and
have been so employed since September of 2002. 1 am currently assigned to the Assistant Special Agent ;.
in Charge San Jose Office (ASAC~San lose). I am currently assigned to the Work Site Enforcement 1
Unit within the Office of Investigations in San lose, California. I arn responsible for enforcing federal - l
criminal statutes as well as statues relating to U.S. Customs and Immigration Law. I have received Q
training and actual experience relating to Federal Criminal Procedures, Federal Statutes, U.S. Customs
and U.S. Immigration regulations. I am a graduate of the Federal Law Enforcement Training Center `Q
Criminal Investigation Training Program and the United States Customs Officer Basic Enforcement
School, in Brunswick, Georgia. Prior to becoming a Special Agent, I served as a U.S. Customs inspector
for 10 years. I have reviewed the official tile relating to the above named individual, which attests to the _
following: f`
(1) D1AZ~Mota, Eleazar (DIAZ) is a 31-year—old male who has used an alias of Eleazar Diaz- -
Hernandez.
(2) DIAZ has been assigned an Alien Registration Number of A77 419 014, an FBI Number of _
71 148830135, and a California Criminal information Index (Cll) Number of A24962935.
(3) DIAZ is a native of Mexico and a citizen of Mexico. A check through Service records shows
that he was arrested and deported from the United States on December 7, 1998 from Calexico, l
California and December l6, 2006 from Otay Mesa, California.
(4) DIAZ last entered the United States on or after December 16, 2006 by crossing the international
border without inspection subsequent to deportation/removal.
(5) On April 25, 2007, DIAZ was found in Santa Clara County in the Northern District of
California, pursuant to an arrest by lmniigration and Customs Enforcement agents. DIAZ was .
found to be unlawfully present in the United States after prior arrest and deportation, without the
permission ofthe Attorney General, in violation of Title S, United States Code, Section 1326. I l
have reviewed DIAZ/s Alien File and found a Notice and Order of Expedited Removal (1-860)
and an executed Notice to Alien Being Removed/Departure Verification (1-296). 1, along with
Special Agent Raul Concha, interviewed DIAZ on April 24, 2007. We advised hint of his
Miranda rights and DIAZ gave a sworn statement stating that he was born in Vera Cruz, Mexico
on April 14, 1963 and is a citizen of Mexico.
(6) ```` On September 28, 2003, DIAZ was convicted inthe Superior Court of Califomia, in and for the ‘ ‘‘‘‘ "
County • Santa Clara, for the offense of Driving Under the Influence of Alcohol, in violation of
Section 23l52B of the California Vehicle Code.
(7) On July 20, 2005, DIAZ was convicted in the Superior Court of California, in and for the County
of Santa Clara, for the offense of Disorderly Conduct Prostitution, in violation of Section 647 of
the California Penal Code.

. Case 5:O7—cr—OO283-JF Document 1 Filed O4/27/2007 Page 3 of 3 l
(8) On October 8, 2005, DIAZ was convicted in the Superior Court of California, in and for the
County of Santa Clara, for the offense of Disorderly Conduct Prostitution, in violation of Section
647 of the California Penal Code. .`;`
(9) On February 2, 2006, DIAZ was convicted in the Superior Court of California, in and for the
County of Santa Clara, for tbe offense of Driving Under the Influence of Alcohol/Drive With
Suspended License, in violation of Section i¤t60l2A ofthe California Vehicle Code.
(l0) ICE agents identified DIAZ after matching his fingerprints from previous arrests through the CIS `
EENT system. This system contains the fingerprints of individuals previously detained and
arrested by ICE. {DENT matched DlAZ’s fingerprints taken on April 24, 2007 to ones taken at V
the time of his deportation. “
(il) The official Immigration Service file relating to DIAZ contains one Notice and Order of p
Expedited Removal. He was arrested and deported from the United States to Mexico on A
December 7, 1998, at Calexico, California. The Assistant Special Agent in Charge-San Jose is
waiting for receipt of an additional Notice of Expedited Removal for DIAZ from the Citizenship .
And Immigration Services National Records Center. This Notice of Expedited Removal
documents the removal of DIAZ from the United States on December 16, 2006.
(12) There is no record in the official file of the United States Immigration and Naturalization Service
that DIAZ ever applied to the Attorney General to reenter the United States after deportation. ‘
Furthermore, DIAZ admitted during a sworn statement to have re~entered the United States `
without the permission of the Attorney General. l
(13) On the basis of the above information, there is probabie cause to believe that DIAZ is in the
United States in viotation of Title 8, United States Code, Section 1326. _
fi'? _ __ ii? ,___ . .....
Wendel W ` ht
Special Agent
U.S. Department of Homeland Security
Immigration and Customs Enforcement
(-7- gf \-
Subscribed and sworn to before me this pe {EQ" day of fl iéwt ( , 2007
2 5 -
Y t . .. .
RICHARD SEEBORG -
United States Magistrate Judge

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