Free Complaint - District Court of Delaware - Delaware

Case 1:08-mj-00047-UNA
AD 91 (Rev. 12/93) Criminal Complaint.

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Filed 02/27/2008

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United States District Court
DISTRICT OF DELAWARE

UNITED STATES OF AMERICA Criminal Complaint
v.

CASE NUMBER: EFRAIN MEJIA-FLORES

08- '17 -

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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 February 25, 2008 in defendant: a citizen and national of Mexico, was found in the United States and was previously removed by the INS to Mexico on July 26,2004; August 02, 2004; October 09, 2004; October 24,2004; December 30, 2004; January 26,2005; May 28, 2005; June 05, 2005 and January 06,2006, and prior to his reembarkation at a place outside the United States, the United States Attorney General had not expressly consented to such alien's reapplying for admission, in violation of Title 8, United States Code, 1326(a) and 1326(b)(I). New Castle County, in the District of Delaware,

I further state that I am a(n) ---'S"'p"'e""c"'i. .-'A e"'n"'t I..,C"'E" aI ....g"' Official Title on the following facts:
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and that this complaint is based

See attached Affidavit Continued on the attached sheet and made a part hereo~~

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Signature of Complainant William O. Hom Special Agent, ICE Sworn to before me and subscribed in my presence,

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Wilmington, DE City and State

Honorable Mary Pat Thynge United States Magistrate Judge Name & Title of Judicial Officer

Case 1:08-mj-00047-UNA

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Filed 02/27/2008

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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, Immigration & Customs Enforcement (ICE), Wilmington, Delaware. I have been employed as a Special Agent since October I, 1997, when I was employed by the INS. The INS was transferred to the U.S. Department of Homeland Security, as a component of Immigration & Customs Enforcement, in March,2003.

2. This investigation is based on information provided by State of Delaware government agencies, INS/ICE records, and my own observations and interviews. 3. On or about February 25, 2008, ICE Wilmington received notification from the New Castle County Police Department that an individual they had in custody within the District of Delaware was an illegal alien. A fmgerprint check revealed that the individual was Eftain RODRIGUEZ, FBI number 732586\VB9. The individual told the Police that his true name was Eftain MEJiA Flores. 4. On February 25 and 26, 2008, your affiant reviewed ICE and other law enforcement databases and records, which showed that FBI number 732586WB9 related to Efrain MEJiA-Flores, and that Efrain RODRiGUEZ is one of several aliases for Efrain MEJiA-Flores. Those record checks also showed that MEJiA had been removed from the United States on at Icast nine separate occasions including July 26, 2004; August 02, 2004; October 09, 2004; October 24, 2004; December 30, 2004; January 26, 2005; May 28, 2005; June OS, 2005 and January 06, 2006 - and that he had been convicted once of Illegal Reentry after Removal and twice of Illegal Entry into the United States. 5. On or about February 26, 2008, your affiant interviewed Efrain MEJiA under oath at the offices of US Customs and Border Protection, in New Castle, DE. In that statement, MEJiA admitted having been removed form the United States on 10 occasions. He stated that he had never sought permission to reapply for admission to the United States, because he thought that such a request would not be approved. 6. Your affiant has reviewed the alien file relating to Efrain MEJiA and found no evidence of any filings for permission to reapply for admission to the United States subsequent to removal.

Case 1:08-mj-00047-UNA

Document 1

Filed 02/27/2008

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WHEREFORE, your affiant avers there is probable cause to believe that Efrain MEJIA-Flores, aka Efrain RODRIGUEZ, a citizen and national of Mexico, was found in the United States and was previously removed by the INS to Mexico on July 26, 2004; August 02, 2004; October 09, 2004; October 24, 2004; December 30, 2004; January 26,2005; May 28, 2005; June 05, 2005 and January 06, 2006, and prior to his reembarkation at a place outside the United States, the United States Attorney General had not expressly consented to such alien's reapplying for admission, in violation ofTitie 8, United States Code, 1326(a) and l326(b)(l).

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Sworn to and subscribed in my presence thisdl day of V?ILVo/ 2008

William O. Horn Special Agent U.S. hnmigration & Customs Enforcement