Free Complaint - District Court of Delaware - Delaware

_ __, Case 1 :07-mj—001 1 9-M PT Document 1 Filed 06/29/2007 Page 1 of 3
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United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
ALFONSO TREJO-PONCE
Criminal Complaint
CASE NUMBER: 07- l iq lvl
(Name and Address of Defendant)
I, the undersigned complainant, being duly sworn, state the following is tme and correct to the best of my knowledge and belief.
On or about June 29, 2007 in New Castle County, in the District of Delaware, defendant, an alien, was found in the United States,
after previously being removed to Mexico subsequent to an aggravated felony conviction, 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 ofthe Department of
Homeland Security had expressly consented to det`endant’s reapplying for admission to the United States
in violation of Title 8 United States Code, Section(s) 1326g a) & (blt2) .
I further state that I am a(n) Special Agent, Department of Homeland Security, ICE and that this complaint is based
omaa Title
on the following facts:
See attached Affidavit
Comin 1__ g_ __ _ np up n t Tg art hereof: Yes X i
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; » -, Qt, ll » t Signature of Complainant
i ` I 2 9 l William O. Horn
l it t-,2,r,.,,c-.r ,..,.cr-.rr.,..-,, ..._ l i Special Agent, ICE
sl , _ Dlellil ,_,...,, to
Sworn to! ore ea ‘ b‘s‘crtbed*m' S ``'` `rrny~p*1·e‘ S sence,
June 29, 2007 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge l E
United States Magistrate Judge .4ii a§'b.r4..4 '
Name & Title of.ludiciaiOfticer nature 0 • - Officer I ' i

_ _, Case 1 :07-mj-00119-MPT Document 1 Filed 06/29/2007 Page 2 of 3
_ AFFIDAVIT I E
I, William O. Horn, being duly sworn, depose and say: A L
l. I am a Special Agent with the United States Department of Homeland Security, Immigration & I
Customs Enforcement (ICE), Wilmington, Delaware. I have been employed as a Special Agent
since October l, l997, when I was employed by the Immigration and Naturalization Service
(INS). The INS was transferred to the U.S. Department of Homeland Security and I became an
employee of Immigration & Customs Enforcement in March 2003. .
2. This investigation is based on information provided by State of Delaware government agencies, _
INSWICE records, and my own observations and interviews.
3. On or about June 25, 2007, ICE received notification from Citizenship and Immigration
Services (CIS), a branch of the Department of Homeland Security, that a citizen of the United
States had filed an Immediate Relative petition for her spouse, Alfonso TREJO-Ponce. CIS and
ICE records show that TREJO had been deported previously from the United States to Mexico.
The petition indicated that TREJO was residing in Wilmington, within the District of Delaware. ,
_ 4. Your affiant conducted surveillance of the residence at the address given, and made a visual I
identification of TREJO at that address on two occasions. The identification was based on DMV ·
photographs of TREI O and from photographs in his alien file, A9l 158 590. I
5. On June 29, 2007, your affiant encountered TREJO at his residence in Wilmington, DE. Your I
affiant identified himself and asked the subject whether he was TREJO. He stated that he was.
When asked what country he is a citizen of, he answered, "Mexico." When asked whether he
were in the United States legally _or illegally, he answered that he was illegal.
6. Your affiant has reviewed alien file A9l 158 590, which relates to TREJ O. In that alien file is
a copy of an executed Form I—205, which shows that TREJO was removed from the United States
to Mexico on November 14, 2000, from Laredo, TX. -
7. Also in the file is a certified copy of a Sentencing Order from the Family Court of the State of
Delaware, sentencing him to l2.months’ incarceration, suspended for probation, for Terroristic
Threatening, under Title ll, Section 621 of the Delaware Code. This conviction constitutes a
conviction for an aggravated felony, as defined in Title 8, United States Code, Section
ll0l(a)(43)(F).
8. There is no evidence in the alien file that TREJ O filed an Application for Advance Permission
to Reapply for Admission into the United States, after he was removed in 2000. .
WHEREFORE, your affiant avers that there is probable cause to believe that Alfonso TREJO-
Ponce, a citizen and national of Mexico, was removed by INSHCE to Mexico on November 14,
2000, 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, `

, Case 1 :07-mj-00119-MPT Document 1 Filed 06/29/2007 Page 3 of 3
Department of Homeland Security, had expressly consented to such alien's reapplying for 1
admission, in violation of Title 8, United States Code, 1326(a) and (b)(2).
@24, Ms
. illiam O. Hom ‘
Special Agent i
U.S. Immigration & Customs Enforcement 1
Sworn to and subscribed before y
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- United ares Magistr 2 Judge
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