Free Complaint - District Court of Delaware - Delaware

Case 1:07-cr—00002-SLR Document 1 Filed 12/19/2006 Page 1 of 3
(Rev. 12/93) Criminal Complaint O
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.
MIGUEL BALMACEDA—VASQUEZ Criminal Complaint
CASE NUMBER: 06-
I, the undersigned complainant, being duly sworn, state the following is true and correct to the best ofmy knowledge and belief.
On or about December I9, 2006 in New Castle County, in the District of Delaware, defendant committed the offense
of re—entry after deportation, in violation ofTitle 8 United States Code, Section(s) l326gag.
I further state that I am a(n) Special Agent, United States Immigration and Customs Enforcement and that this
Ot`IIcialTi1le
complaint is based on the following facts:
SEE ATTACHED AFF IDAVIT.
Continued on the attached sheet and made a part hereof: Yes. f _
Signature of Complainant
Michael Deshaies
Special Agent, United States Immigration and Customs
Enforcement
Sworn to before me and subscribed in my presence,
December IQ, 2006 at Wilmington, DE
Date City and State
Honorable Mary Pat Thynge I "niin F-) v I'
United States Magistrate Judge Q » ,g,_;_‘Q_,, {
Name & Title ofludicial Officer C. ignature of Judicial er I

Case 1:07-cr—00002-SLR Document 1 Filed 12/19/2006 Page 2 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, Michael I . Deshaies, being duly swom, 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 1, 1997, when the Immigration & Naturalization Service ("INS") employed me.
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 upon information provided by INS/ICE records, National Crime
Information Center ("NCIC") records, Federal Bureau of Investigation ("FBI") records, and my own
observations and interviews.
3. On or about December 15, 2006, the ICE/RAC Wilmington office received notification from
the Howard Young Correctional Institution in Wilmington, DE that a possible illegal alien was
incarcerated at the facility. ICE database and NCIC record checks were conducted that indicated the
subject, Miguel BALMACEDA—\/asquez, was a possible illegal alien from Mexico.
4. On December 19, 2006 subject Miguel BALMACEDA-Vasquez was released to the custody of
the U.S. Department of Homeland Security Detention and Removal officers and transported to the
Dover, DE ICE office.
5. On December 19, 2006, your affiant interviewed Miguel BALMACEDA—Vasquez at the ICE
office in Dover, Delaware. Once advised, in Spanish, of his rights pursuant to Mz`rar1c/cz v. Arizona,
Miguel BALMACEDA-Vasquez signed a written waiver of his rights and agreed to speak with your
affiant. The subject stated that his true and correct name is Miguel BALMACEDA-Vasquez, that he
was born on a particular date in 1974 in Mexico and that he is a citizen of Mexico. He further stated
that he that he was previously removed from the United States in May of 2004, and that he last entered
into the United States illegally without inspection or parole by an immigration officer and without
permission from any authorized govemment official on or about June 1, 2005 near Nogales, Arizona.
Your affiant took a sworn statement from Miguel BALMACEDA—Vasquez on December 19, 2006, in
which he admitted the information provided in this paragraph.
6. Your affiant has reviewed INS/ICE alien database records and alien file A26 464 697, which
indicate Miguel BALMACEDA-Vasquez, born on a particular date in 1974 in Mexico, was removed
from the United States to Mexico on May I 1, 2004.
7. Your affiant queried the subject’s fingerprints in an automated system. The results of that
query showed that Miguel BALMACEDA—Vasquez was deported on the occasion cited above. The
PBI database found that the fingerprints submitted matched FBI#61974lJB3 with the name on record
of Oscer PEREZ a/k/a Miguel BALMACEDA—Vasquez.

Case 1:07-cr—00002-SLR Document 1 Filed 12/19/2006 Page 3 of 3
WHEREFORE, your affiant avers that there is probable cause to believe that Miguel
BALMACEDA—Vasquez, a citizen and national of Mexico, was removed by the INS to Mexico on
May ll, 2004, and prior to his reembarkation at a place outside the United States, neither the
Undersecretary for Border and Transportation Security, Department of Homeland Security nor the
Attorney General of the United States had expressly consented to such alien's reapplying for
admission, in violation of Title 8, United States Code, l326(a).
VVHEREFORE, your affiant prays that this Court issue a criminal complaint for Miguel
ALMACEDA—\/asquez.
Your aftiant, having signed this Affidavit under oath as to all assertions and allegations contained
herein, states that its contents are true and correct to the best of his knowledge, information and belief
,· }‘
Michael J. Deshaies
Special Agent
United States _
SUBSCRIBED AND SWORN TO
BEF RE ME THIS /6 DAY
OF Moéy , 2006.
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