Free Complaint - District Court of Delaware - Delaware

Case 1 :08-cr-00066-JJF Document 1 Filed 04/1 1/2008 Page 1 of 3
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
JOSE ROLANDO MURCIA-GUTIERREZ
Criminal Complaint
CASE NUMBER; 08- ao ·* [VJ
(Name and Address of Defendant)
I, the undersigned complainant, being duly sworn, state the following is tme and correct to the best of my knowledge and belief
Count One: On or about April 10, 2008, in New Castle County, inthe District of Delaware, defendant Jose Rolando Murcia-Gutierrez, an
alien, was found in the United States, after previously being removed therefrom, and, prior to his reernbarkation at a place outside the United
States, neither the United States Attorney General nor the Undersecretary for Border and Transportation Security ofthe Department of Homeland
Security had expressly consented to defendant’s reapplying for admission to the United States, in violation of Title 8, United States Code, Section
l326(a).
Count Two: On or about April 10, 2008, in the State and District of Delaware, Defendant Jose Rolando Murcia-Gutierrez, an alien and
subject of El Salvador, knowingly possessed an alien registration receipt card, knowing it to be forged, counterfeited, altered, and falsely made,
in violation of Title 18 United States Code, Section 1546(a).
I further state that I am a(n) Special Agent, Department of Homeland Security, ICE and that this complaint is based
on the following facts: Omml me
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes X » _
,p•.../
signature of Complainant
William O. Horn
Special Agent. ICE
Sworn to before me and subscribed in my presence,
April ll, 2008 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge z E Q %
United States Magistrate Judge
Name & Title ofludicial Officer Signature of dicta racer ’

t Case 1 :08-cr-00066-JJF Document 1 Filed 04/1 1/2008 Page 2 of 3
AFFIDAVIT
I, William O. Hom, 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), Dover, Delaware. I have been employed as a Special
Agent since October l, 1997, when I was employed by the 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,
IN S/ICE records, and my own observations and interviews.
3. On April 10, 2008, ICE Wilmington received notification from the Delaware State Police that a
vehicle had been stopped on I-95 and that the driver of the vehicle, José MURCLA, based on
record checks, appeared to be an illegal alien. There were two A-Numbers (Alien Registration
Numbers) in ICE databases for the driver, whose full name is José Rolando MURCLA-Gutierrez.
The A-Numbers that related to MURCIA were A95 036 823 and A77 529 980, and ICE records
showed that MURCIA had been removed from the United States to El Salvador on October 07,
2003, from New Orleans, LA.
4. On April ll, 2008, your aftiant advised MURCIA of his rights, in Spanish. Once advised of
his rights, MURCLA signed a waiver of his rights and agreed to speak with your affiant. In a
sworn statement, he admitted that his true and correct name is José Rolando MURCLA-Gutierrez,
and that he was born on April 02, 1980, in El Salvador. He also stated that he had been removed
from the United States to El Salvador on October 07, 2003.
5. In MURCIA’s vehicle, the State police found a counterfeit Alien Registration Card. In his
sworn statement, MURCIA stated that he had purchased the card for $100 to use for employment
in the United States.

Case 1 :08-cr-00066-JJF Document 1 Filed 04/1 1/2008 Page 3 of 3
WHEREFORE, your affiant avers there is probable cause to believe that José Rolando MURCIA—
Gutierrez, a citizen and national of El Salvador, illegally reentered the United States after being
removed, 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 such alien's reapplying for
admission, in violation of Title 8, United States Code, l326(a), and that MURCIA-Gutierrez
possessed a counterfeit alien registration receipt card, in violation of Title 18, United States Code,
Section l546(a).

William O. Horn
Special Agent
U.S. Immigration & Customs Enforcement
Subscribed and sworn to before me this fg day of April 2008.
Ai he Héérable Mary % Qliynge
United States Magistrate Judge

Case 1:08-cr-00066-JJF

Document 1

Filed 04/11/2008

Page 1 of 3

Case 1:08-cr-00066-JJF

Document 1

Filed 04/11/2008

Page 2 of 3

Case 1:08-cr-00066-JJF

Document 1

Filed 04/11/2008

Page 3 of 3