Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr-00027-GIVIS Document 1 Filed O2/20/2007 Page 1 of 3
AO 91 (Rev. 12/93) Criminal Complaint 0

United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
EULALIA AMPARO—PADILLA Criminal Complaint
CASE NUMBER: 07- 32_M.. mf}!
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 Februag 20, 2007 in _1~lew Castle County, in the District of Delaware,
defendant, a citizen and national of the Dominican Republic, having been removed from the United States to the
Dominican Republic on January 6, 1998, and having been convicted of an aggravated felony on or about January 13, 1994,
was found in the United States, specifically New Castle County, Delaware, and that ,prior to her re—embarl 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 the defendant’s re-application for admission,
in violation of Title 8 United States Code, Section(s) 1326 la) & gb)g2) .
I further state that I am a(n) Special Agent, U.S. Dept. Of Homeland Security, Bureau of Immigration & Customs
Enforcement Official Title
and that this complaint is based on the following facts:
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes / J "" __
/ .·
F I L E D —————»..___ / / /" ___,_. . --·‘
,_ __ \ . .
FEB Q ij gd] Signature of Complainant
William O. Horn, Special Agent
t U q im US- Immigration & Customs Enforcement
I t-isiefiii ii? it .·‘i+:&F;.. ..-...2.1
Sworn toi beforeimei and subscribed in my presence,
Februag; 20, 2007 at Wilmington. DE _
Date City and State,
Honorable Mary Pat Thynge i ` fp
United States Magistrate Judge ` `
Name & Title ofJudicial Officer ature ofJudicial li r

Case 1 :07-cr-00027-GIVIS Document 1 Filed O2/20/2007 Page 2 of 3
I AF FIDAVIT
I, William O. Hom, being duly sworn, depose and say:
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 1, 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 govemment agencies,
INS/ ICE records, and my own observations and interviews.
3. In February, 2005, ICE Agents were notified that one Juana SANTOS was in the custody of the
State of Delaware on criminal charges (possession with intent to distribute). When the FBI
number assigned to SANTOS was checked in an Immigration database, that number was shown to
relate to Eulalia AMPARO-Padilla, a citizen of the Dominican Republic who had previously been
deported from the United States following her conviction of an Aggravated Felony. At that point,
an Immigration detainer was served on the State of Delaware, requesting that ICE be notified
when AMPARO was to be released from State of Delaware custody.
4. On February 20, 2007, after serving her sentence in Delaware, Eulalia Al\/1PARO—Padilla was
turned over to ICE, and your affiant interviewed her, under oath, regarding her criminal and
Immigration records, and her presence in the United States. She stated that her true and correct
name is Eulalia AMPARO-Padilla, that she is a native and citizen of the Dominican Republic, that
she was deported from the United States on January 06, 1998, and that she did not request advance
permission to reapply for admission to the United States.
5. On February 20, 2007, the subject’s fingerprints were submitted to ICE and the FBI via ICE’s
Integrated Automated Fingerprint Identification System (IAFIS), and the fingerprints matched
those of Eulalia AMPARO-Padilla, A93 028 376, FBI Number 323955TA8. The FBI record
references Juana SANTOS as an alias. »
6. Your affiant has reviewed the alien file, A93 028 376, relating to Eulalia AMPARO—Padilla,
and found that the file contains an executed Form I--205, showing that AMPARO was removed
from the United States to the Dominican Republic on January 06, 1998, from New York City.
Your affiant found no evidence of any filings for permission to reapply for admission to reenter
the United States after having been removed.

Case 1 :07-or-00027-GIVIS Document 1 Filed O2/20/2007 Page 3 of 3
WHEREFORE, your aftiant avers there is probable cause to believe that Eulalia AMPARO-
Padilla, a citizen and national ofthe Dominican Republic, was previously removed by TNS to the
Dominican Republic on January 06, 1998, and that, prior to her 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, 1326(a) and
1326(b)(2).
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` iam O. Horn
Special Agent
_ U.S. Immigration & Customs Enforcement