Free Complaint - District Court of Delaware - Delaware


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Pages: 4
Date: January 3, 2008
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State: Delaware
Category: District Court of Delaware
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AO91 f|'\•v.5I85) E·l%l§€ii:é»Ci§rili`il',-00006-SLF{ Document 1 Filed O1/O2/2008 Page 1 of 4

Qiircrizb §iz1i2s E rsiruzi (lluuri
_l_...___..— msrmcr or
UNITED STATES OF AMERICA
V.
CRIMINAL COMPLAINT
Roberto DeLeon—Petez
CASE NUMBER: O?· Ol 51
(Nana and Addrna all D•••f\¤IMl
I, the undersigned complainant being duly_ swom state the following is true and correct to the best of my
knowledge and belief. On Of about in county, in the
;____ District of defendantls) did, mm swum aww- ¤vo•••··»•i
see attachment A
in violation of Title _T__ United States Code. Sectlon(s)
I further state that I am a(¤) and that this complaint is based on the following -
facts:
see attached affidavit U
Continued on the attached sheet and made a part hereof: XlX_§XYes I] N . _r
A rt as . ~
ure of Complainant
SA William O. Horn, ICE
Swom to before me and subscribed in my presence,
__ at Wilmington, DE
` Da W City and Styr
H orabl f ary Pat Thynge I
United States Magistrate Judge { ` L`
L A `''' I A R ..|·a=-I
Name & Title of Judicial Officer Sl i Judicial Officer U F

A Case 1:08-cr—OOOO6-SLR Document 1 Filed O1/O2/2008 Page 2 of 4
AT TACHMEN'l;_A
Being an alien and subject of Guatemala, who had been deported and removed from
the United States to Guatemala on or about 3-3-04, was found in the United States,
and the defendant was knowingly in the United States, and prior to the defendant’s
re-embarkation at a place outside the United States, neither the Attorney General of
the United States nor the Under Secretary for Border and Transportation Security,
Department of Homeland Security, had expressly consented to the defendant’s re-
application for admission,

I Case 1:08-cr—OOOO6-SLR Document 1 Filed O1/O2/2008 Page 3 of 4
AF FIDAVII
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 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 l\/[arch 2003.
2. This investigation is based on information provided by State of Delaware govenrment agencies,
IN S/ICE records, and my own observations and interviews.
3. On December 30, 2007, the Delaware River and Bay Authority (DRBA) Police notified ICE
that they had performed a traffic stop of a van containing 14 illegal aliens. Your affiant responded
to the DRBA facility in New Castle, Delaware, and was advised that a name check on one of the
individuals received a positive hit from ICE’s Law Enforcement Support Center (LESC), advising
that he may have been previously removed from the United States. Your affiant spoke to the
individual, who identified himself as Roberto DE LEON—Pérez, a citizen of Guatemala. When
asked. whether he had previously been removed from the United States, DE LEON stated that he
had. He was advised of his rights verbally and no other questioning was done at this time.
4. On December 31, 2007, your affiant advised the individual claiming to be Roberto DE LEON
of his rights in writing and interviewed him at the US Customs and Border Protection (CBP) office
in New Castle, DE. He gave a sworn statement, in which he admitted that he had been removed
from the United States in 2004, following criminal convictions in 2003 for Burglary Second
Degree and Aggravated Menacing, and that he had returned illegally earlier this year, without
seeking or being granted permission to do so.
5. On December 31, 2007, the subject’s fingerprints were submitted to ICE and the FBI via ICE’s
Integrated Automated Fingerprint Identification System (IAFIS), and the fingerprints matched
those of Roberto DE LEON—Pérez, Alien Registration Number A96 206 281, PBI Number
27l3llCCl, who was removed from the United States in 2004. There are two aliases given for
him, Zacarias VELASQUEZ and Velasquez ZACARIAS. A criminal history check showed that
DE LEON had been convicted in Delaware on October 20, 2003 of Burglary Second Degree and
Aggravated mencacing.
6. A check of computerized ICE records revealed that DE LEON had been removed from the
United States to Guatemala on or about March 03, 2004, and that the reason for removal was a
conviction for an Aggravated Felony.
WHEREFORE, your affiant avers there is probable cause to believe that Roberto DE LEON-
Pérez, a citizen and national of Guatemala, was previously removed by INS to Guatemala in 2004,
and that, prior to his reembarkation at a place outside the United States, neither the United States

Case 1:08-cr—OOOO6-SLR Document 1 Filed O1/O2/2008 Page 4 of 4
Attorney General nor the Undersecretary for Border a.nd Transportation Security, 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 (b).
William O. Hom
Special Agent
U.S. Immigration & Customs Enforcement

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