AO 91 (Rev. 12/93) Criminal Complaint @1
In United t States District Court
For the District of Delaware -
UNITED STATES OF AMERICA `
Criminal Complaint
V. _
1 CASE NUMBER: 07- I
_ LUIS MONTANO-RIOS, .
Defendant
I, the undersignedcomplainant, being duly sworn, state the following is true and correct to the best of my knowledge and belief. On or
about November 2, 2007 in the District of Delaware, Defendant LUIS MONTANO-RIOS, an alien and citizen of Mexico, was found in the
United States and was knowingly in the United States, after having been denied admission, excluded, deported, and removed therefrom on or about
September 3, 2005, and prior to the defendants reembarkation at a place outside the United States, neither the Attorney General of the United
States nor the Undersecretaiy for Border Transportation, Department of Homeland Security, had expressly consented to the defendants
reapplication for admission, in violation of Title 8, United States Code, Section 1326(a).
I further state thatl am a(n) Deportation Ofticer, United States Immigration & Customs Enforcement and that
this complaint is based on the following facts: orasa rmt
Se; attached Affidavit l
Continued on the attached sheet and made a part hereof: Yes ‘ -
David Savina I '
Deportation Officer, Um ·:· States Immigration & Chistoms Enforcement `
Swom to before me and subscribed in my presence,
Qu/Mb ff Juv 9* at wiimmgam, on .
Date n C` =¤·•.- ‘
H0nOTa»blC Mafy Pat ` I- l
United States Magistrate Judge E I
Name & Title of Judicial Officer ignature of Ju fticer I / .
8
U.S. DISTRICT C URT
Case 1:07-cr-00164-SLR Document 1 Filed 11/08/2007 Page 2 of 3
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, David W. Savina, being duly sworn, depose and say:
1. I am a Deportation Officer with the Department of Immigration & Customs
Enforcement ("lCE"),‘ a branch of the United States Department of Homeland Security
("DHS"), at the ICE office located in Dover, Delaware. I have been employed as a
Deportation Officer since September 14, 1998, when the United States Immigration and
Naturalization Service ("INS"), lCE's predecessor agency, employed me. The INS
became known as ICE in March 2003, when it was transferred to DHS’ jurisdiction.
2. This investigation is based upon information provided in DHS/ICE records, National
Crime information Center ("NClC") records, Federal Bureau of Investigation ("FBI")
records, and by my own observations and interviews. _
3. On or about November 2, 2007, the ICE Dover office received notification from the
Sussex County Correctional Institution (“SCl") in Georgetown, Delaware that a possible
_iliegaI alien was incarcerated at the facility. ICE database and NCIC record checks were
conducted that indicated that the subject, Luis MONTANO-Rios, was a possible illegal
alien from Mexico. - ‘
4. On November 7, 2007, your affiant interviewed Luis MONTANO-Rios at the SCI.
Once advised of his rights in English pursuant to Miranda v. Arizona, Luis MONTANO-
Rios signed a written waiver of his rights and agreed to speak with your affiant. The
subject stated that his true and correct name is Luis MONTANO—RIos, that he was born
on a particular date in 1980 in i\/Iexicoand that he is a citizen of Mexico. He stated that
he had last been deported from the United States on September 3, 2005 and that he had
re-entered the United States, without inspection or parole by an immigration officer, on
I September 3, 2005, at an unknown location near El Paso, Texas. Luis MONTANO—Rios
stated that he knew he had re-entered the United States illegally and that he had not
’ obtained the permission of the Attorney General of the United States or of the
Urrdersecretary for Border and Transportation Security of the DHS before doing so. _
5. Your affiant has. reviewed DHS/ICE alien database records and- Luis MONTANO—
Rios's ICE alien nie (file number A78 119 353), which indicate that Luis MONTANO—Rios
Z was in fact born in 1980 in Mexico and that he originally entered the United States
without inspection on or about December 2, 1999. Those records confirmed that Luis
I MONTANO-Rios was deported from the United States to Mexico on May 21, 2003, and
they contain no indication that he had obtained permission from the United States
government to re-enter the country on May 12, 2004. Records confirmed that Luis
MONTANO—Rios reentered the United States without inspection on or about May 12,
2004. Those records confirmed that Luis MONTANO—Rios was again-deported from the
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Case 1:07-cr-00164-SLR Document 1 Filed 11/08/2007 Page 3 of 3
United States to Mexico on June 15, 2005, and they contain no indication that he had
obtained permission from the United States government to re-enter the country on June
15, 2005. Records confirmed that Luis MONTANO-Rios reentered the United States
without inspection on or about June 15, 2005. Those records confirmed that Luis-
MONTANO-Rios was again deported from the United States to Mexico on September 3,
2005, and they contain no indication that he had obtained permission from the United
States government to re-enter the country on September 3, 2005.
6. Your aftiant queried the subjects fingerprints in an automated system and compared
those fingerprints to Luis MONTANO-Rios‘s fingerprints when he was deported in May
2003, June 2005, and September 2005. The comparison was a match.
· WHEREFORE, your afhant avers that there is probable cause to believe that Luis
MONTANO-Rios, a citizen and alien of Mexico, was deported by ICE to Mexico on May
21, 2003, June 15,2005, and September 3, 2005. That he was found in the United
_ · States in November 2007and that prior to his re—embarl
DHS nor the Attorney General of the United States had expressly_ consented to such
alien's re-applying for admission, in violation of Title 8, U ited States Code, Sections
1326(a) and (b)(2). »
David W. Savina ·
Deportation Officer
United States Immigration & Customs Enforcement
Subscribed and sworn to before me this day 4y.~¢»~={’/ of 2007.
norable Mary yng .
United States Magist . e Judge _
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