Free Complaint - District Court of Delaware - Delaware

AO 91 tnmsmsl €&El&tiI•i¢Q·Z¤¤IltOQ047—|V|PT Document 1 Filed O3/12/2007 Page 1 of 3

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DISTRICT or
UNITED STATES OF AMERICA
V.
RIMINAL COMPLAINT
RUDY ALVARADO C _
CASE NUMBER: O-7- - MKTU
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I, the undersigned complainant being duIy_ swom state the following is true and correct to the best of my
knowledge and belief. On or about in county, in the
L_. ; District of d8f8¤d8¤f(S)mH, (Traci Stawww ¤¤¤v•¤•¤I0•¤•M•t
being an alien and subject of Guatemala, who has been deported and removed from
the United States, described more particularly on Attachment A
in violation of Title United States Code, Section(s) 1326 ,
I further state that I am ain) and that this complaint as based on the tanawahg
TBCISZ AFFIDAVIT attached.
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Continued on the attached sheet and made a part hereof: @ Yes No y `
. lgnature ot Complainant R--
w‘LLLIA§t 00 HORN
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Swom to before me and subscribed in my presence, lgggggcement Immgmtmn &
/2- Wilmin ton, Delaware
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ate city aha state D
Honorable Mary Pat Thynge /-/ -· _,-··
United States Magistrate Judge _
Namaantie owudicial Officer sign uuta"" tficer r ' i

Case 1 :07-mj—OOO47-MPT Document 1 Filed O3/12/2007 Page 2 of 3
ATTACHMENT A
Being an alien and subject of Guatemala, who had been deported and removed from
the United States to Guatemala on or about August 14, 2003, was found in the United
States, and the defendant was knowingly in e United States, and prior to the
defendant’s re—embarl General of the United States nor the Under Secgtary for Border and Transportation
Security, Department of Homeland Securityg had expressly consented to the
defendant’s re—application for admission.
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Case 1 :O7—mj-OO047—lV|PT Document 1 Filed O3/12/2007 Page 3 of 3
_ AFFIDAVII
I, William O. Horn, being duly sworn, depose and say: l
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 I, 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 March 2003. _ —
2. This investigation is based on information provided by State of Delaware government agencies,
INS/ICE records, and my own observations and interviews.
3. On March 12, 2007, Rudy ALVARADO was turned over to ICE Agents upon his release from
Sussex Correctional Institution, Georgetown, Delaware, within the District of Delaware.
‘ 4. ICE database checks revealed that Rudy ALVARADO had been removed from the United
States in 1999.
5. On March 12, 2007, Rudy ALVARADO was fingerprinted on ICE’s Integrated Automated
Fingerprint Identification System (IAFIS). IAFIS identified the fingerprints as those of Rudy
ALVARADO, FBI Number 231421CC9. Two names are listed as aliases. _
6. On March 12, 2007, your affiant advised Rudy ALVARADO of his rights and interviewed him
under oath at the ICE office in Dover, DE. Rudy ALVARADO advised your affiant that his true
and correct name was Rudy ALVARADO, that he is a citizen of Guatemala and that he had
previously been removed from the United States. When asked, ALVARADO stated that he had
not requested or obtained permission to reapply for admission to the United States.
7. Your affiant has reviewed the alien file, A79 735 030, relating to Rudy ALVARADO, and
l found that the file contains an executed Form I-205, showing that ALVARADO was removed
_ from the United States to Guatemala on August I4, 2003 at Houston, TX. You affiant found no
_ evidence of any filings for permission to reapply for admission to reenter the United States after
having been removed. I ‘ .
WHEREFORE, your affiant avers there is probable cause to believe that Rudy ALVARADO, a
citizen and national of Mexico, was previously removed by ICE to Mexico on August I4, 2003,
p 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 Transpo · tion Security, Department of
Homeland Security, had expressly consented to such alien's rea ying fo mis on, in violation
of Title 8, United States Code, 1326(a). . _
. i ,..»i ` -
· -rlliam II. Hom l -
_ Special Agent
U.S. Immigration & Customs Enforcement