Free Complaint - District Court of Delaware - Delaware

Case 1:05-cr-00108-GMS
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(Rev. 12/93) Criminal Complaint

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Document 1

Filed 12/06/2005

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United States District Court
DISTRICT OF DELAWARE
UNITED STATES OF AMERICA
v.

Criminal Complaint Case No. 05 - \35 El\

ANDR~S VALLEJO-MART~NEZ
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 5.2005 in New Castle County, in the District of Delaware, the defendant was knowinglypresent in the United States,

having been previously deported from the United States after being convicted of an aggravated felony, and hadnot obtained the permission of either the Attorney General of the United States or the Undersecretary for Border and Transportation Security to re-enter the United States, in violation of Title 8 United States Code, Section 1 2 ( ) 2 . 36b() I further state that I am a(n) on the following facts: See attached Affidavit Smcial Agent. Bureau of Immimation & Customs Enforcement (ICE) and that this complaint is based
Official Title

Continued on the attached sheet and made a part hereof:

Yes

Signature of Complainant

William 0. Horn Special Agent ICE U.S. Dep't of Homeland Security Sworn to before me and subscribed in my presence, December 6.2005
Date

at Wilmington. DE

Honorable Mary Pat Thynge United States Magistrate Judge
Name &Title of Judicial Officer Signature of

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U.S. DISTRICT COURT DISTRICT Of DELAWARE

Case 1:05-cr-00108-GMS

Document 1

Filed 12/06/2005

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AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT
I, William 0.Horn, being duly sworn, depose and say: I am a Special Agent with the United States Department of Homeland Security, Bureau of 1. 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 Investigations branch of 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, INSIICE records, and my own observations and interviews. 3. On or about December 05,2005, ICE Dover was notified that an individual, believed to be a Mexican citizen, was in custody at the Howard R. Young Correctional Institution in Wilrnington, Delaware, within the District of Delaware. He had been arrested on traffic charges under the name Juan CALDERON. When an NCIC hit was checked, ICE'S Law Enforcement Support Center (LESC) identified him as Andrks VALLEJO-Martinez, a native and citizen of Mexico who had previously been removed from the United States as an Aggravated Felon. ICE and Criminal database checks revealed that AndrCs VALLEJO-Martinez had been convicted, on September 17, 2002, of Unlawful Sexual Contact Third Degree, with a minor victim. This constitutes a conviction for an Aggravated Felony, as defined in Title 8, United States Code, 1101(a)(43)(A). The record checks also disclosed that the subject had previously been deported fiom the United States.
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5. On December 05, 2005, your affiant interviewed Andrks VALLEJO-Martinez at the Howard R. Young Correctional Institution, where he had been incarcerated on charges of Criminal Impersonation and dnving offenses. When asked whether he was, in fact, Andres VALLEJOMartinez, he answered that he was. He also admitted that he had previously been removed from the United States. He stated that he had without inspection by an Immigration Officer. n to Reapply fnr Rerlmvd.

6. On December 06, 2005, your affiant reviewed the Alien File relating to Andrks VALLEJO-Martinez. In the file was an executed Form 1-205, which showed that he had been deported fkom the United States to Mexico on January 29, 2003 at Laredo, TX. There was no evidence in the file of any filings for permission to reapply for admission to re-enter the United States subsequent to removal.

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Case 1:05-cr-00108-GMS

Document 1

Filed 12/06/2005

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WHEREFORE, your affiant avers that there is probable cause to believe that Anclres VALLEJO-Martinez, a citizen and national of Mexico, was convicted of an aggravated felony and removed by the INS to Mexico on January 29, 2003, and, prior to his reembarkation at a place outside the United States, neither the Attorney General of the United States nor the Undersecretary for Border and Transportation Security had expressly consented to such alien's reapplying for admission, in violation of Title 8, United States Code, 1326(b)(2).

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iarn 0.Horn Special Agent U.S. Immigration & Customs Enforcement

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Swom+o before me and subscribed in my presence this / day of December, 2005.
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DISTRICT OF DELAWARE