Free Complaint - District Court of Delaware - Delaware


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Date: October 17, 2007
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Category: District Court of Delaware
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Case 1:07-cr-00148-G|\/IS Document 1 Filed 10/16/2007 Page 1 of 3
A0 91 (Rev. 12/93) Criminal Complaint G
f United States District Court
‘ DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v. l
ISRAEL MAZARIEGOS—ORTIZ Criminal Complaint =
Affi/A "UBALDO MORALES-BRAVO"
CASE NUMBER: 07— /96 IV] 2
I
i
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best of my E
n
knowledge and belief On or about August 17, 2007 in Sussex County, in the District of Delaware, defendant
committed the offense of re-entry after deportation, in violation of Title 8 United States Code, Section(s) l326( a)
n
& (b)j2) . f
I further state that I am a(n) Deportation Officer, United States Immigration and Customs Enforcement and that
this complaint is based on the following facts: `
See attached Affidavit ` if

Continued o ma e ap hereof: Yes , J,
| ,. _ , »·‘ ,
A! Ir" ’
OCT 1 6 EOO] David W. avina
Deportation Officer, U.S. Immigration and Customs
RT Enforcement
Sworn to bef e me pre noe,
October 16, 2007 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge I _ I
United States Ma istrate Jud e _ _,~{,.__ _ A , J, _, _
Name & Title of Judicial Officer - Signature of it di { al Officer

Case 1 :07-cr-00148-GMS Document 1 ‘ Filed 10/16/2007 Page 2 of 3
¤
_ AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT »
I, David W. Savina, being duly sworn, depose and say:
1 . I am aDeportation Officer with the Department of Immi gration & Customs Enforcement ("ICE”), »
a branch ofthe United States Department of Homeland Security ("DHS"), at the ICE office located i
in Dover, Delaware. I have been employed as a Deportation Officer since September 14, 1998, when {
the United States Immigration and Naturalization Service ("INS"), ICE’s predecessor agency, A
employed me. The INS became known as ICE in March 2003, when it was transferred to DHS’s l
jurisdiction. ‘
2. This investigation is based upon inforrnation provided in DI-IS/ICE records, National Crime
Information Center ("NCIC") records, Federal Bureau of Investigation ("FBI") records, and by my
own observations and interviews. i
3. On or about August 13, 2007, the ICE Dover office received notification from the Sussex County i
Correctional Institution ("SC1") in Georgetown, Delaware that a possible illegal alien was ·
incarceratedat the facility. ICE database and NCIC record checks were conducted that indicated that i
the subject, Israel MAZARIEGOS-Ortiz (a/k/a Ubaldo MORALES—Bravo), was a possible illegal ‘
alien from Guatemala.
4. On August 17, 2007, your affiant interviewed Israel MAZARIEGOS-Ortiz at the SCI. Once l
advised of his rights in English pursuant to Miranda v. Arizona, MAZARIEGOS—Ortiz signed a ~
written waiver of his rights and agreed to speak with your affiant. The subject stated that his true
and correct name is Israel MAZARIEGOS-Ortiz, that he was bom on a particular date in 1972 in
Guatemala and that he is a citizen of Guatemala. He stated that he had been deported from the
United States on December 22, 2005 and that he had re—entered the United States, without inspection
or parole by an immigration officer, on or about May 2006, at an tmknown location in Arizona.
MAZARIEGOS—Ortiz 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
Undersecretary for Border and Transportation Security of the DHS before doing so.
5. Your affiant has reviewed DHS/ICE alien database records and MAZARIEGOS-Ortiz’ s ICE alien
file (file number A73 679 339), which indicate that MAZARIEGOS-Ortiz was in fact born in 1972
in Guatemala and that he originally entered the United States without inspection on or about January
28, 1993. Those records confirmed that MAZARIEGOS-Ortiz was deported from the United States
to Guatemala on December 22, 2005 and they contain no indication that he had obtained permission
from the United States government to re-enter the country in May 2006.
6. Your affiant queried the subject’s fingerprints in an automated system and compared those
fingerprints to MAZARIEGOS—Ortiz’s fingerprints when he was deported in December 2005. The
comparison was a match.

Case 1:07-cr-00148-G|\/IS Document 1 Filed 10/16/2007 Page 3 of 3
‘ 2
WHEREF ORE, your affiant avers that there is probable cause to believe that Israel
- I MAZARIEGOS—Ortiz, a citizen and alien of Guatemala, was deported by ICE to Guatemala on
December 22, 2005, that he was found in the United States in August 2007 and that prior to his re- ‘
embarkation at a place outside the United States, neither the Undersecretary for Border and .
Transportation Security of the DHS nor the Attorney General of the United States had expressly l
consented to such alien’s re-applying for admission, in violation of Title 8, Unit d States Code,
Sections l326(a) and (b)(2),
{ ` n i
David W. Savina I
Deportation Officer
U.S. Immigration & Customs Enforcement
Subscribed . » r . rn to before me this [Q day of October 2007.
t
‘ orable Mary ynge f
• States Magistrat dge ‘
Drs rrct of Delaware
· u

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