Free Complaint - District Court of Delaware - Delaware

Case 1:06-mj-00151—IV|PT Document 1 Filed 12/12/2006 Page 1 of 3
A0 91 (Rev. 12/93) Criminal Compla at E
United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA,
v. Criminal Complaint 06- IA4
HECTOR SOTO,
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 December l0, 2006 , in New Castle County, in the District of Delaware,
the defendant, HECTOR SOTO:
was found in the United States, having illegally re-entered the United States after being removed to the Dominican
Republic on or about April 20, 2005, and, prior to his reembarkation at a place outside ofthe United States, neither
the Attorney General of the United States nor the Undersecretary for Border and Transportation Security,
Department of Homeland Security, had expressly consented to the defendant’s applying for readmission,
in violation of Title 8 United States Code, Section(s) l326g a) .
I further state that I am a Special Agent, ICE and that this complaint is based on the following facts:
Official Title
See attached Affidavit
Continued on the attached sheet and made a part hereof: Yes
MMD i fin`? DQCIYJ
D EC 1 2 Signature of Compiainant
` Michael J. Deshaies
C |_—;i;_·;&::.;7ET Special Agent
Dl#§;`.`jfi° mt _____H Immigration and Customs Enforcement (ICE)
Sworn to before me and subscribed in my presence,
December l2, 2006 at Wilmington, DE
Date City and State
The Honorable Mary Pat Thynge /- /
United States Magistrate Judge _ ‘__
Name & Title of Judicial Officer • • e of Judicial O e

Case 1:06-mj-00151—lV|PT Document 1 Filed 12/12/2006 Page 2 of 3
AFFIDAVIT
I, Michael J. Deshaies, 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 the Immigration and 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, the National
Crime Information Center (NCIC), FBI records, and my own observations and interviews.
3. On or about December 10, 2006, the ICE/RAC Wilmington office received notification from
the Delaware State Police (DSP) advising that an officer made a traffic stop of a van with ten
occupants who could speak little or no English on I-95 near Wilmington, Delaware. The DSP
requested assistance from ICE. As the duty officer, your affiant responded via telephone to the
DSP officer on the scene. Upon conversing with the driver and several passengers, your affiant
determined that the passengers were illegal aliens en route to New Jersey and New York City
from Houston, Texas.
4. Detention and Removal officers from ICE/RAC Wilmington office responded to DSP Troop 6
in Wilmington, Delaware and transported the ten occupants of the van to the Dover, Delaware
ICE office for processing and further interviewing. Your affiant interviewed the driver of the
van and determined that he was a legal permanent resident alien from Mexico. Your affiant
also interviewed the nine passengers nn the van and determined that they were illegal aliens from
El Salvador, Honduras, and the Dominican Republic.
5. Hector SOT O was one of the van passengers your affiant interviewed on December 10, 2006,
at the ICE office in Dover, Delaware. Once advised in Spanish of his rights pursuant to Miranda
v. Arizona, Hector SOTO signed a written waiver of his rights and agreed to speak with your
affiant. Hector SOTO stated that his true and correct name is Hector SOTO and that he was
born on a particular date in 1969 in the Dominican Republic. Hector SOTO further stated that
he last entered the United States illegally without inspection by an imnngration officer on or
about November 17, 2006, near Nogales, Arizona.
6. Your affiant has reviewed IN S/ICE alien database records, which indicate that Hector SOTO,
born on a particular date in 1969 in the Dominican Republic, was removed from the United
States to the Dominican Republic on April 20, 2005. Your affiant found no evidence of any
filings by Hector SOTO for permission to reapply for admission to reenter the United States
after having been removed.
7. Your affiant queried Hector SOTO’s fingerprints in an automated system. The results of that
query showed that Hector SOTO was deported on the occasion cited above. The FBI database
found that the fingerprints submitted matched FBI #574870WA2 with the name on record of
Rafael MARTINEZ a/k/a Hector SOT O.

Case 1:06-mj-00151—lV|PT Document 1 Filed 12/12/2006 Page 3 of 3
8. Your affiant took a sworn statement from Hector SOTO on December 10, 2006, wherein
Hector SOT O admitted that he was previously removed from the United States in April of 2005.
Hector SOTO also stated that he last entered into the United States illegally on or about
November 17, 2006, without inspection or parole by an immigration officer and without »
permission from any authorized government official
WHEREFORE, your affiant avers that there is probable cause to believe that Hector SOTO, a _
citmen and national of the Dominican Republic, was removed by the INS to the Dominican
Republic on April 20, 2005, 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, 1326(a).
/l/1 ».».C~lm .le. §}ii.l?.M_,
Michael J. Desh ies
Special Agent
U.S. Immigration & Customs Enforcement
Subscribed and sworn to before me this {2— day of December 2006.
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