Free Complaint - District Court of Delaware - Delaware

Case 1 :07-mj-00007-IVI PT Document 1 Filed 01/16/2007 Page 1 of 3
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
JUAN AGUILERA-ZURITA
Criminal Complaint
CASE NUMBER: 07- -
O'?-M M P1-
(Namc and Address of Defendant)
I, the undersigned complainant, being duly swom, state the following is true and correct to the best of my knowledge and belief.
On or about January 12, 2007, in the State and District of Delaware, Defendant Juan Aguilera-Zurita, an alien and subject of Mexico, was found
in the United States, after having been removed therefrom on or about October 25, 2005, at or near Brownsville, TX, subsequent to an aggravated
felony conviction, and defendant was knowingly in the United States unlawfully,a nd prior to his reembarkation at a place outside the United States,
neither the United States Attomey General northe 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. § l326(a) &(b)(2).
I further state that I am a(n) Special Agent, Department of Homeland Security, ICEand that this complaint is based
Omcial Title
on the following facts:
See attached Affidavit. _
Continued on the attached sheet and made a pait hereof: Yes X ”/i J
Signature Oi`COmpi8i¥`|8m I-, 2 _
William O. Horn [ ‘· E ~ lx
Special Agent, ICE ; i _ I- I 5
Swom to before me and subscribed in my presence, [ II S
gl i.-....;.i--...- In- I, __ I
Januagy 16, 2007 at Wilmin ton I_____ { ‘ an '·· · ·*: F; V . I . t
Date City . ·. 6
I
Honorable Mary Pat Thynge { _____. I
United States Magistrate Judge A lg _
Name & Title Ortuaami omm omw ’ v

Case 1:O7—mj-OO0O7—IV|PT Document 1 Filed O1/16/2007 Page 2 of 3
AFFIDAVIT
I, William O. Horn, being duly sworn, depose and say:
I. 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 l, 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 January l2, 2007, ICE Agents encountered Juan AGUILERA-Zurita at his residence in
Wilmington, Delaware, in the District of Delaware.
4. ICE and Criminal database checks revealed that Juan AGUILERA-Zurita had been convicted of
Aggravated Assault in Chester County, PA, and was sentenced to ll % to 23 months’
incarceration. This constitutes a conviction for an Aggravated Felony, as defined in Title 8,
United States Code, ll0l(a)(43)(F). The record checks also disclosed that the subject had been
deported from the United States in 2005.
5. On January l2, 2007, Juan AGUILERA-Zurita was fingerprinted on ICE’s Integrated
Automated Fingerprint Identification System (IAFIS). IAFIS identified the fingerprints as those
of Juan AGUILERA—Zurita, FBI Number 482624VB7. Several variations of his name and several
nicknames are listed as aliases.
6. On or about January 16, 2007, your affiant advised Juan AGUILERA—Zurita of his rights and
interviewed him under oath at the ICE office in Dover, DE. Juan AGUILERA—Zurita advised
your affiant that his true and correct name was Juan AGUILERA-Zurita, that he is a citizen of
Mexico and that he had previously been removed from the United States. When asked,
AGUILERA—Zurita 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, A73 514 929, relating to Juan AGUILERA—Zurita, and
found that the file contains an executed Form I-205, showing that AGUILERA—Zurita was
removed from the United States to Mexico on October 25, 2005 at Brownsville, TX. You affiant
found no evidence of any filings for permission to reapply for admission to reenter the United
States after having been removed.
WHEREFORE, your affiant avers there is probable cause to believe that Juan AGUILERA-Zurita,
a citizen and national of Mexico, was previously removed by ICE to Mexico on October 25, 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).

Case 1 :07-mj—OOOO7-MPT Document 1 Filed O1/16/2007 Page 3 of 3
· ·_ . -·’` t V; lvlll H I - "
i _.
A- l" " O. Hom
Special Agent
U.S. Immigration & Customs Enforcement