Free Redacted Document - District Court of Delaware - Delaware

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United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
. !"`\ ,_i ‘\ FW r“‘~ [j I riminal Complaint
V. Diiigftl/g\{(*
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Fredy Estuardo Velasquez CASE NUMBER: 07- |’5 M
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 Ianug 17, 2007 in the District of Delaware, defendant did:
illegally re-enter the United States .
in violation of Title 8 United States Code, Section(s) 1326g a) .
I further state thatI am a(n) Supervisory Special Agent, United States Department of Homeland Security, Bureau of Immigration
& Customs Enforcement and that this complaint is based on the following facts:
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
A
Signature of Complainant
William O. Horn
Supervisory Special Agent g
Bureau of Immigration & Customs Enforcement
U.S. Department of Homeland Security
Sworn to before me and subscribed in my presence,
- E" at Wilmington, DE
Dat City and State
Honorab e Mary Pat Thynge ` _ _/.
i‘ -é»;" __, i a ( Lava;
Name & Title ofludieial Officer of Judicial Officer I I-T

Case 1:07-mj-00013-IVIPT Document 2 Filed O1/22/2007 Page 2 of 3
AFFIDAVIT
I, William O. Hom, being duly sworn, depose and say:
1. I am a Supervisory Special Agent with the United States Department of Homeland Security,
Bureau of Immigration & Customs Enforcement (ICE), Dover, Delaware. I have been employed
as a Supervisory Special Agent since October 1, 1997, when I was employed by the INS. The IN S
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 or about January 17, 2007, ICE Wilmington received notification from Sussex Correctional
Institution (SCI), in Georgetown, Delaware, that Fredy Estuardo VELASQUEZ, was in custody at
SCI, within the District of Delaware.
4. On January 22, 2007, Fredy Estuardo vnrrtsoursz was turned over to ICE and brought to the
ICE office in Dover, DE. There, your affiant advised VELASQUEZ of his rights, in Spanish.
Once advised of his rights, he signed a waiver of his rights and agreed to speak with your affiant.
In a sworn statement, he admitted that his true and correct name_ is Fredy Estuardo VELASQUEZ,
and that he was born on X 1970, in Mexico. VELASQUEZ stated that he had been
removed from the United States on two occasions, once to Guatemala and once to Mexico. He
stated that he had last entered the United States in May, 2006, illegally.
5. On January 22, 2007, Fredy Estuardo VELASQUEZ was fingerprinted on an Integrated
Automated Fingerprint Identification System (IAFIS) machine, and those fingerprints matched
those of Fredy ESTUARDO-Velasquez, born in Guatemala, with Alien Number A79 730 660 and
FBI Number 5644l4XB6. That record is in the name of Fredy ESTUARDO-Velasquez, and
references Fredy E. VELASQUEZ as an alias.
6. Your affiant has reviewed the alien file, A79 730 660, relating to ESTUARDO-Velasquez, and
found that the file contains two executed Forms I-205, showing that Fredy ESTUARDO-
Velasquez was removed from the United States to Guatemala on April 24, 2003 from Houston,
TX, and that Fredy Estuardo VELASQUEZ was removed from the United States to Mexico on
February 28, 2006 from Brownsville, TX. Your affiant found no evidence of any filings for
permission to reapply for admission to the United States after having been removed.
WHEREFORE, your affiant avers there is probable cause to believe that Fredy
ESTUARDO-Velasquez, also known as Fredy Estuardo VELASQUEZ, a citizen and
national of Guatemala or Mexico, was last removed by ICE to Mexico on February 28, 2006
and, prior to his reembarkation at a place outside the United States, the Secretary of
Homeland Security had not expressly consented to such alien's reapplying for admission, in
violation of Title 8, United States Code, 1326(a).

Case 1:07-mj—OOO13—MPT Document 2 Filed O1/22/2007 Page 3 of 3
* Q 3
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William O. Hom
Special Agent
U.S. Immigration & Customs Enforcement
Subscribed and swom to before me this {QL day of January, 2007.
w' le Mar hynge
b ·= E- States Magistrate Judge