Free Complaint - District Court of Delaware - Delaware

Case 1:08-mj-00149 Document 1 Filed 08/26/2008 Page 1 of 3
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
MARIO FRANCISCO MARTINEZ-HERNANDEZ
Criminal Complaint
CASE NUMBER: 08-
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my
knowledge and belief.
On or about August 19, 2008 in Sussex County, in the District of Delaware, defendant Mario Francisco
Martinez-Hernandez, an alien, was found in the United States, after previously being removed to Guatemala, and prior
to his reembarkation at a place outside the United States neither the United States Attorney General nor the Undersecretary
for Border and Transportation Security of the Department of Homeland Security had expressly consented to defendant’s
reapplying for admission to the United States.
ln violation of Title 8 United States Code, Section(s) l326(a)..
l fiirther state that I am a(n) Special Agent, Department of Homeland Security, ICE and that this complaint is based
Official Title
on the following facts:
See attached Afiidavit
Continued on the attached sheet and made a part hereof: Yes X
Signature of Complain
William O. Horn F l L E D
Special Agent, ICE i
Sworn to before me and subscribed in my presence, gill} fl 6 20GB
u s. mstanct const
August 26, 2008 at Wilmin ton DE msmscr or untwtat
Date City and State
Honorable Mary Pat Thynge D Q .¤
United States Magistrate Judge _ A ,L,{_
Name & tmc Otiudictai orttccr si . rJud1c1ai‘otnc¢r I I

Case 1:08-mj-00149 Document 1 Filed 08/26/2008 Page 2 of 3
AFFIDAVIT
I, William O. Horn, being duly sworn, depose and say:
1, I am a Special Agent with the United States Department of Homeland Security, Bureau of
Immigration & Customs Enforcement (ICE), Wilmington, Delaware. I have been employed as a
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,
INSHCE records, and my own observations and interviews.
3. On or about August 19, 2008, ICE Agents were notified by the Sussex Correctional Institution,
in Georgetown, Delaware, in the District of Delaware, that Mario Francisco MARTINEZ-
Hernandez was in custody on multiple driving charges. A review of ICE indices revealed that
Mario Francisco MARTINEZ-Hemandez, a citizen of Guatemala and an admitted member of the
18th Street gang, had been removed from the United States to Guatemala on March 26, 2007.
4. On August 26, 2008, your affiant advised Mario Francisco MARTINEZ-Hernandez of his rights
and interviewed him at the CBP office in New Castle, DE, where he advised your affiant that his
true and correct name is Mario Francisco MARTINEZ-Hemandez and that he is a citizen of
Guatemala. When asked, Mario Francisco MARTINEZ-Hemandez stated that he had been
removed from t.he United States about a year ago, and that he had reentered the United States
illegally approximately three months ago, on or about May 12, 2008, without being inspected by
an Immigration Officer. He stated that he had crossed the border away from the Port of Entry
where the Immigration Officers are located. Your affiant asked Mario Francisco MARTINEZ-
Hemandez about his gang membership, and he denied being a member of the 18m Street Gang in
Guatemala, despite several tattoos indicating that he, in fact, was a member.
5. On August 26, 2008, your affiant took Mario Francisco MARTINEZ-Hemandez’s fingerprints
on 1CE’s Integrated Automated Fingerprint Identification System (IAFIS). The fingerprints were
identified as those of Mario Francisco MARTINEZ-Hernandez, Alien No. A97 698 472 and FBI
No. 874288LC4, who had been removed from the United States on March 26, 2007.
6. Your affiant has reviewed the Alien File of Mario Francisco MARTINEZ-Hernandez, as well as
computerized databases of ICE and Citizenship and Immigration Services (CIS), another
component of the Department of Homeland Security that was previously part of the INS, and
found no evidence of any lawful status or application therefor in the name of Mario Francisco
MARTINEZ-Hernandez. Nor did your affiant find any evidence that Mario Francisco
MARTINEZ-Hernandez had applied for Advance Permission to Apply for Admission to the
United States after removal from the United States. ln addition, Mario Francisco MARTINEZ-
Hemandez was asked whether he had filed any such application, and he stated that he had not.
WHEREFORE, your affiant avers there is probable cause to believe that Mario Francisco
MARTINEZ-Hemandez, a citizen and national of Guatemala, was removed from the United States

Case 1:08-mj-00149 Document 1 Filed 08/26/2008 Page 3 of 3
to Guatemala on March 26, 2007, and subsequently reentered the United States illegally, without
being inspected by an Immigration Ofticer, and that, prior to his reembarkation at a place outside
the United States, neither the United States Attomey General nor the Undersecretary for Border
and Transportation Security, Department of Homeland Security, had expressly consented to such
alien's reapplying for admission, in violation of Title 8, United States Code, 1326.
Respectfully submitted,
P ` {
3 Qilliam O. Horn
Special Agent
U.S. Immigration & Customs Enforcement
Swom and subscribed before me
This Agtlay of August 2008
Q
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I-I le Mary Pat Ip! if
U · · States Magistr te Judge

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