Free Complaint - District Court of Delaware - Delaware


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Date: April 15, 2008
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State: Delaware
Category: District Court of Delaware
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Case 1:08-mj-00081-UNA Document 1 Filed O4/14/2008 Page 1 of 4
Ql.lEIrttt2h §I£IIBE g tstruci Glouri
DISTRICT OF
UNITED STATES OF AMERICA
V.
CRIMINAL COMPLAINT
JULIO FABELA-N IEBLA
CASE NUMBER: 08- gl` M
tkeneendaeenaeel Deieneenti
I, the undersigned complainant being duly_ swom state the following is true and correct to the best of my
knowledge and belief. On or about in county, in the
__ét Di$il'lCi of defendantfsl did, mu smeieet teeeeeeeeieiieeeet
having been deported from the United States on or about April 28, 2006, was found in
the United States and the defendant had no authorization to be in the United States.
in violation of Title Li United States Code, Sectlonfsl _
U.S. Immigration &
I further state that l am alnl and that this complaint is based on the renewing
facts: AFFIDAVIT attached.
Continued on the attached sheet and made a part hereof: [EI Yes El No
Signature ot Complainant
Brian Maher, Special Agent:
Swom to eeiere me eee eueeeneee in my presence, U· S· I““‘“1g"““°“ 6* C“S“°‘“S E“f°’°‘i“‘B“t
Ai n\ [UU at Wilmington, Delaware
` Date City and Slate
Honorable Leonard _P. Stark {
United States Magistrate Judge
Name 6. Title of Judicial Officer Signature of Judicial Officer

Case 1:08-mj-00081-UNA Document 1 Filed O4/14/2008 Page 2 of 4
AFFIDAVIT
I, Brian Maher, being duly swom, hereby depose and say:
1. I have been employed as a Special Agent with U.S. Immigration and Customs
Enforcement (ICE) and one of its predecessor agencies, the U.S. Customs
Service, for six years. During this time I have conducted or participated in
numerous and varied investigations of immigration and customs violations,
including but not limited to the illegal reentry of previously removed/deported
aggravated felons. All of the information contained in this affidavit is based on
my personal knowledge or on infonnation fumished to me by other ICE Special
Agents or other law enforcement officers involved in this investigation.
2. This affidavit is made in support of an arrest warrant for a Mexican national and
citizen named Julio FABELA-Niebla, with a date of birth of May 28, 1976, for
being an aggravated felon who has re-entered the United States after having been
previously removed or deported, a violation of Title 8, United States Code, Section
l326(b)(2).
3. On April 13, 2008 (a Sunday), at or around 1:52 am, FABELA was arrested by the
Delaware State Police (DSP) on the following charges: 1) Driving Under the
Influence of Alcohol, with a blood alcohol content of 0.219%; 2) Driving Without
a License; 3) Failure to Have Minimum Insurance; and 4) Inattentive Driving.
After handcuffing him and while attempting to place him in the DSP patrol car,
EABELA attempted to flee. After developing a suspicion that FABELA is present
in the United States illegally, the DSP Trooper contacted me. I responded
immediately to the Troop and established FABELA’s alienage and deportability

. Case 1:08-mj-00081-UNA Document 1 Filed O4/14/2008 Page 3 of 4
through an interview. The DSP Trooper and I transported the subject to the local
jail, where he was housed until Ipicked him up at approximately 9:00 am on April
14, 2008, in order to process him for removal.
4. On April 14, 2008, in the course of routine Immigration removal processing, I
fingerprinted F ABELA and electronically submitted the fingerprints to the
Integrated Automated Fingerprint Identification System (IAFIS) and to an
Immigration fingerprint identification system (IDENT), which retumed records
indicating that FABELA has the following criminal and removal/deportation
history.
5. On or about September 17, 1995, FABELA was arrested by the Los Angeles
Police Department and charged with the Purchase and Possession for Sale of a
Narcotic Controlled Substance (California penal code 11351 HS), and later
sentenced to 180 days in jail and 36 months probation.
6. Orr or about April 29, 1996, FABELA was removedfdeported to Mexico from the
United States.
7. On or about May 12, 2005, F ABELA was arrested by Immigration and Customs
Enforcement (ICE) in or around Chicago, Illinois, and charged with Transporting
Illegal Aliens. On or about February 17, 2006, in the Central District of Illinois,
FABELA was convicted for the Illegal Transportation of Aliens and later
sentenced to one year and one day of` prison.
8. On or about April 28, 2006, FABELA was removed to Mexico from the United
States.

- Case 1:08-mj-00081-UNA Document 1 Filed O4/14/2008 Page 4 of 4
9. On or about July 20, 2006, F ABELA was arrested for the Illegal Reenny into the
United States by an Aggravated Felon, and on or about July 25, 2006, was
sentenced to six months of prison.
10. On or about January l2, 2007, FABELA was removed to Mexico from the United
States.
ll. Based upon the facts as I know them and have presented above, I submit that there
is probable cause to believe that Julio FABELA—Niebla is an aggravated felon who
has illegally reentered the United States after having been removed/deported, a
violation of Title 8, United States Code, Section l326(b)(2).
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Brian Maher
Special Age /7*7
U.S. Immigration and Customs Enforcement
Sworn to and subscribed before
me this 14th day of April 2008
Honorable Leonard P. Stark
United States Magistrate Judge

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