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Case 9:13-mj-08327-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 1 of 6

AO 91 (Rev. 08/09) Criminal Complaint

U NITED STATES D ISTRICT COURT

for the

Southern District of Florida

United States of America

V.

EDUAN GO M EZ-RO DRIG UEZ

a/k/a FIDEL G O NZALEZ-HIDALGO

Case No. 13-8327-W M

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CRIM INAL COM PLAINT

1, the complainant in this case, state that the following is true to the best of my knowledge and belief.

On or about the datets) of

July 8, 2013

in the county of

Palm Beach

in the

Sputhern

District of

Florida

, the defendantts) violated:

Code Section

8 U.S.C. jj1326(a) and (b)(1)

Illegal re-entry after depodation

Offense Description

This criminal complaint is based on these facts:

See Attached Affidavit

W Continued on the attached sheet.

A

Complainant 's signature

Andy Korzen, % , ICE

Printed name and title

Sworn to before me and signed in my presence.

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D a t e : î

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City and state:

w est Palm Beach, FL

J dge 's signature

W illiam Matthewm an, U .S. M agistrate Judge

Printed name and title

Case 9:13-mj-08327-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 2 of 6

UNITED STATES v. EDUAN GO M EZ-RO DRIGUEZ

A FFIDAVIT IN SUPPO RT O F CRIM INAL CO M PLAINT

1, Andy Korzen, being duly sworn, depose and state as follows:

1.

I am a Deportation Officer of the United States Depadm ent of

Homeland Security, Imm igration and Customs Enforcement (ICE) and have been

so em ployed for over ten years. l am currently assigned to the Enforcem ent and

Removal Operations, Crim inal Alien Program , Stuad, Florida. As a Deportation

Officer with ICE, m y duties and responsibilities include enforcing crim inal and

adm inistrative im m igration Iaws of the United States.

I have also conducted and

participated in investigations of this nature.

2.

This affidavit is based upon m y own knowledge as well as

inform ation provided to m e by other Iaw enforcem ent officers. This affidavit does

not set forth every fact know n to m e regarding the investigation but only those

facts necessary to establish probable cause to believe that Eduan G OM EZ-

RO DRIG UEZ, also known as Fidel GO NM LEZ-HIDA LGO com m itted the offense

of illegal re-entry after depodation, in violation of Title 8, United States Code,

Section 1326(a) and (b)(1).

3.

On or about July 6, 2013, Eduan GO M EZ-RO DRIG UEZ was

arrested in Palm Beach County, Florida on a charge of driving without a valid

Iicense. He w as booked and detained at the Palm Beach County Jail. Upon

booking, his fingerprints w ere entered into the IA FIS system w ith a positive

m atch for an individual previously rem oved from U nited States, that is Eduan

G O M EZ-R O D R IG U EZ.

Case 9:13-mj-08327-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 3 of 6

4.

On or about July 8, 2013, at the Palm Beach County Jail,

Im m igration Enforcem ent Agent Cynthia Alcocer took a sworn statem ent from

Eduan GO M EZ-RODRIG UEZ. Post-M iranda, Eduan GO M EZ-RO DRIG UEZ

adm itted to being native of M exico. He further adm itted to Iast entering into the

United States illegally on or about Decem ber 2012, after being rem oved from the

United States in Novem ber 2012. Eduan G OM EZ-RO DRIGUEZ fudher adm itted

that he did not seek perm ission from the U .S . governm ent to re-enter the U nited

States.

5.

O n or about July 8, 2013, your affiant review ed electronic Iaw

enforcem ent databases as well as docum ents from the im m igration alien file

assigned to Eduan GOM EZ-RO DRIGUEZ. Records show that Eduan GO M EZ-

RO DRIG UEZ is a native and citizen of M exico. Records further show that on or

about February 17, 2008, Eduan GO M EZ-RODRIG UEZ was ordered rem oved

from the United States. The Order of Rem oval was executed on or about

February 17, 2008, whereby Eduan GO M EZ-RODRIG UEZ was removed from

the United States to M exico. Thereafter, Eduan G OM EZ-RODRIG UEZ re-

entered into the United States illegally and was rem oved on four additional

separate occasions: on or about M arch 12, 201 1', on or about Septem ber 11,

2012., on or about Septem ber 18, 2012., and on or about Novem ber 28, 2012.

6.

Records fudher show that, on or about A ugust 31, 2012, in the

U nited States D istrict C ourt, W est Palm Beach Division, Eduan G O M EZ-

R O D R IG U EZ w as convicted of re-entry after deportation in case num ber

12-80155-C R-M arra.

Case 9:13-mj-08327-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 4 of 6

Additional records obtained by your affiant show that, on or about

Septem ber 26, 2012, in the U nited States District Court, Laredo D ivision, Eduan

GO M EZ-RO DRIG UEZ was convicted of illegal entry in case num ber 12-PO-

0638.

8.

Border patrol Fingerprint Expert R ichard A bbott conducted

fingerprint com parison in this case.

The fingerprint com parison confirm ed that

the individual encountered on or about

July 6, 2013, that is, Eduan G OM EZ-

RO DRIG UEZ was the same person previously rem oved from the United States

on or about Novem ber 28, 2012.

9.

Your affiant perform ed a record check in the Com puter Linked

Application lnformational Management System (CLAIMS) to determ ine if Eduan

GO M EZ-RO DRIGUEZ filed an application for perm ission to reapply for

adm ission into the United States after depodation or rem oval. After a diligent

search w as perform ed in that database system , no record w as found to exist

indicating that Eduan GO M EZ-RO DRIG UEZ obtained consent from the Attorney

General of the United States or from the Secretary of Hom eland Security, for re-

adm ission into the U nited States as required by Iaw . A Cedificate of N on-

Existence of Record has been requested from Bureau of Citizenship and

Im m igration Services.

10. Based on the foregoing, your affiant avers that there exists

probable cause to believe that, on or about July 6, 2013, Eduan G O M EZ-

RO DR IG UEZ , also know n as Fidel G O NM LEZ-H IDA LG O , an alien w ho w as

previously deported and rem oved from the United States, w as found in the

Case 9:13-mj-08327-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 5 of 6

United States, without having received the express consent from the Attorney

General or the Secretary of the Depadm ent of Hom eland Security for re-

adm ission into the United States, in violation of Title 8, United States Code,

Sections 1326(a) and (b)(1) .

A ndy K en
Depodation Officer
lm m igration and Custom s Enforcem ent

Subscriod and sworn to before me
this 9 - day of July, 2013.

W ILLIAM M AU EW M A N
UNITED STAT M AG ISTRATE JUDG E

Case 9:13-mj-08327-WM Document 1 Entered on FLSD Docket 07/09/2013 Page 6 of 6

UNITED STATES DISTRICT CO URT
SOUTHERN DISTRICT O F FLO RIDA

Case N o. 13-8327-W M

UNITED STATES O F AM ERICA

V.

EDUA N GO M EZ-RO DRIG UEZ
alkla FIDEL GO NM LEZ-HIDALG O,

Defendant.

C R IM INA L C O V ER SH EET

D id this m atter originate from a m atter pending in the N orthern Region of the United States
A ttonw y's O ffice prior to O ctober 14, 20032

Y es X N o

2.

D id this m atter originate from a m atter pending in the Central Region of the United States
A ttorney's O ffice prior to Septem ber 1, 2007?

Y es X N o

Respectfully subm itted,

W IFREDO A. FERRER

ITED STATES AU O RNEY

BY:

4sy' y

RINKU TRIBUIANI
ASSISTANT UNITED STATES AU O RNEY
Florida Bar No. 0150990
500 S. Australian Avenu ,e Suite 400
W est Palm Beach, FL 33401-6235
TeI: (561) 820-871 1
Fax: (561) 820-8777
[email protected] usdoi.gov