Free Complaint - District Court of Delaware - Delaware


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Date: October 9, 2007
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State: Delaware
Category: District Court of Delaware
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Case 1 :07-cr-00131-JJF Document 1 Filed 10/05/2007 Page 1 of 3
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
JUAN CARBAJAL—MAGANA
Criminal Complaint
class NUMBER: 0r- fR? Wl
(Name and Address ofDefendanl]
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 October 4, 2007, in the State and District of Delaware, Defendant Juan Carbajal—Magana, an alien and subject of Mexico, was found
in the United States, after having been removed therefrom on or about June 15, 2005, at or near Douglas, Arizona, and defendant was knowingly
in the United States unlawfully, and prior to his reembarkation at a place outside the United States, neither the United States Attorney General
nor the Undersecretary for Border and Transportation Security, Department of Homeland Security, expressly consented to Defendant’ s reapplying
for admission to the United States; in violation of 8 U.S.C. § 1326(a). F I L E D
00r — 5 2007 I
I further state thatI am a(n) Special Agent, Department of Homeland Security, ICE and that this co plai is based
Oflicial Title -
‘ - U.S. DISTRICT COURT
on the following facts. DEELBQIWQL winm-
See attached Affidavit.
Continued on the attached sheet and made a part hereof: Yes X 1 I
~a_,-/’ Signature of Complainant
Brian Maher
Special Agent, ICE
Sworn to before me and subscribed in my presence,
October 5, 2007 at Wilmington, DE
Date City and State
Honorable Leonard P. Stark I Q
United States Magistrate Judge CQ/Q R
Name & Title of Judicial Ofticcr Signature of Judicial Officer

_ _ Case 1 :07-cr-00131-JJF Document 1 Filed 10/05/2007 Page 2 of 3
AFFIDAVIT OF BRIAN MAHER I
I, Brian Maher, being duly sworn, do depose and state the following:
l. I am a Special Agent with U.S. Immigration and Customs Enforcement (ICE) in the
Department of Homeland Security. I-have been employed as an ICE Special Agent for
over five years, during which I have conducted numerous investigations into violations of A
U.S. Customs laws and U.S. Immigration laws, including those involving the re-entry
into the United States of aliens who previously have been removed.
2. This affidavit is submitted in support of an application for a warrant of arrest for Juan
Carlos CARBAJAL—Magana, a native and citizen of Mexico, for violation of 8 USC A
l326(a), Illegal Re—entry into the United States After Removal.
3. ICE encountered CARBAJAL-Magana on October 4, 2007 during a Delaware Public
Safety Initiative conducted in Elsmere, Delaware, within the District of Delaware.
4. On October 5, 2007, in the presence of your affiant, ICE Special Agent William Horn,
who is fluent in the Spanish language, advised CARBAJAL-Magana of his rights and
interviewed him under oath. CARBAJAL-Magana advised the agents that his true and
correct name is Juan Carlos CARBAJAL-Magana, that he is a citizen of Mexico, and that
he had previously been removed from the United States on two separate occasions.
When asked, CARBAJAL-Magana stated that he had not requested or obtained
permission to reapply for admission to the United States.
5. On October 5, 2007, CARBAJAL-Magana was fingerprinted on ICE’s Integrated
Automated Fingerprint Identification System (IAF IS). IAFIS identified the fingerprints
as those of Juan CARLOS-Carbejel, FBI Number 96635JB7 with Alien File number A7 8

Case 1:07-cr-00131-JJF Document 1 Filed 10/05/2007 Page 3 of 3
492 696. Several variations of his name are listed as aliases, including Juan Carlos
CARBAJAL-Magana.
6. Your affiant has reviewed the portions of CARBAIAL-Magana’s alien file, A78 492 696,
which relate to his two prior removals from the United States. The tile contains an
executed Form I-205, Warrant of Removal, showing that CARBAJAL-Magana was _
removed from the United States to Mexico on September ll, 2000, at Laredo, Texas. The
file also contains an executed Form I-860, Notice and Order of Expedited Removal,
showing that CARBAJAL-Magana was again removed from the United States to Mexico
on June l5, 2005, at Douglas, Arizona. Your affiant found no evidence of any filings for
permission to reapply for admission to reenter the United States after having been
removed.
7. WHEREF ORE, your aftiant avers there is probable cause to believe that Juan Carlos
CARBAJAL-Magana, a citizen and national of Mexico, was previously removed by ICE
to Mexico on September ll, 2000, and again on June 15, 2005, and that, prior to his
reembarkation at a place outside the United States, neither the United States Attorney
General nor the Undersecretary for Border and 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).
Special Agent
U.S. Immigration & Customs Enforcement
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