Case 3:10-mj-00081-TJS Document 1

AO 91 (Rev. 5/85) Criminal Complaint Filed 12/21/10 Page 1 of 4

~nit£D ~tat£z ~iztrid ([oud RECEIVED

. DEC 2 1 20iO
SOUTHERN DISTRICT OF -'--'=IO::....:W~A:.....:..._ _
CLERK U.S. DISTRICT COURT
UNITED STATES OF AMERICA SOUTHERN D!STR!CT OF IOWA

v. CRIMINAL COMPLAINT

EUGENIO PAREDES MIRANDA CASE NUMBER: 3:10-mj-81

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 7,2010, in Johnson County in the Southern District of Iowa, defendant,

an alien who had previously been deported and removed from the United States did
knowingly and unlawfully reenter without having obtained permission to do so and
thereafter was found in the United States
in violation of Title _8_, United States Code, Section(s) _1.:,.:3:<.::2::.::6'.l.:(a::..L) --:.

I further state that I am a(n) Detention Officer of the U.S. Department of Homeland Securitv, Immigration and Customs

Enforcement and that this Complaint is based on the following facts:

See Affidavit attached and incorporated

Continued on the attached sheet and made a part hereof: 181 Yes D No

Na han R. Heyer
U.S. Department of Homeland Security
Immigration and Customs Enforcement
Sworn to before me and subscribed in my presence,

December 21,2010
Date

Thomas J. Shields
Chief U.S. Magistrate Judge
Name & Title of Judicial Officer
 Case 3:10-mj-00081-TJS Document 1 Filed 12/21/10 Page 2 of 4

AFFIDAVIT

UNITED STATES OF AMERICA )

)ss
SOUTHERN DISTRICT OF IOWA )

I, Nathan R. Heyer, being duly sworn, depose and state:

1. I am a Deportation Officer with the United States Department of

Homeland Security, Bureau of Immigration and Customs Enforcement (ICE)
and I am assigned to the office in Des Moines, Iowa. I have been so employed
since November 2007. My duties include enforcement of the immigration and
customs laws of the United States. From January 2003 until March 2003
when the Department of Homeland Security absorbed the Department of
Justice, Immigration and Naturalization Service (INS), I was an Immigration
Inspector. I was a Customs and Border Protection Officer from March 2003
until June 2006, when I became an Immigration Enforcement Agent (lEA). I
was an lEA from June 2006 to November 2007 and my duties included
enforcement of immigration laws. All of the statements and information
contained in this Affidavit are based upon my review of investigative reports
prepared by law enforcement officers with knowledge of the facts recited; upon
my conversations with law enforcement officers having personal knowledge of
the pertinent facts; upon my review of official documents and records
maintained by the United States, and upon my personal interview of the
subject.

2. This affidavit relates to an investigation concerning an alien named

Eugenio PAREDES Miranda (Paredes). He has been positively identified as
having been previously deported under Immigration file number, A22 *** ***.

3. On December 7,2010, Paredes was encountered in the Southern

District of Iowa at his place of employment, Hon Company, in Muscatine, Iowa,
by myself and ICE Deportation Officer Michael Hindman. Paredes was
identified via fingerprints as having been previously deported under alien
registration number, A22 *** ***. On December 7,2010, Paredes was
transported to the Cedar Rapids, Iowa ICE Office and processed
administratively as a Reinstatement of Prior Order of Removal. Paredes was
advised of his Miranda rights and stated that he understood them as they were
read to him. At that time, in a sworn statement Paredes freely admitted to
being a citizen and national of Mexico present in the United States illegally.

4. A search was made of the ICE Central Index System using the
primary name and date of birth listed on the criminal history relating to
 Case 3:10-mj-00081-TJS Document 1 Filed 12/21/10 Page 3 of 4

Paredes's FBI number and at that time the immigration file number A22 *** ***
was found. The immigration file contains sentencing orders which are listed on
Paredes's criminal history, a fingerprint card with Paredes's FBI number, and
photographs of Paredes. A review of the Paredes's fingerprints was conducted
via the IAFIS/IDENT computer on December 7,2010. Paredes's fingerprints
were positively a match with the FBI number relating to Eugenio PAREDES
Miranda and his alias of Jose COLLINS Miranda.

5. Records checks conducted by your affiant verified that Paredes was

previously removed from the United States subsequent to convictions in the
Circuit Court for Cook County, Illinois, a violation of Chapter 38, Section 9-3(b)
of Illinois Revised Statutes, Reckless Homicide, a violation of Chapter 38,
Sections 12-4-A and Section 12-4-B(1) of Illinois Revised Statutes, Aggravated
Battery.

6. Paredes's A-file is on hand at the ICE office in Des Moines, Iowa and a
review of the file revealed the following criminal court and deportation related
documents:

a. A court judgment from the Cook County Circuit Court for

Illinois dated October 11, 1978, which notes that Paredes was
convicted for a violation of Chapter 38, Section 9-3(b) Illinois
Revised Statutes, Reckless Homicide and was sentenced to thirty
(30) months probation.

b. A court judgment from the Cook County Circuit Court for

Illinois dated December 22, 1983, which notes that Paredes was
convicted for a violation of Chapter 38, Sections 12-4-A and 12-4­
B(l)b) Illinois Revised Statutes, Aggravated Battery, and was
sentenced to a term of imprisonment not to exceed four (4) years.

c. A court judgment from the Cook County Circuit Court for

Illinois dated December 28, 1989, which notes that Paredes was
convicted for a violation code section 56.5-1402-B, Controlled
Substance Violation, and was sentenced to a term of imprisonment
not to exceed one (1) year.

d. The original INS Form 1-205, Warrant of Deportation/Removal,

bearing Paredes's signature and fingerprint, confirming his
deportation on December 29, 1984.

e. An INS Form 1-205, Warrant of Deportation/Removal, bearing

Paredes's signature, fingerprint and photo, confirming his
deportation on September 23,2000.
 Case 3:10-mj-00081-TJS Document 1 Filed 12/21/10 Page 4 of 4

f. An INS Form 1-205, Warrant of Deportation/Removal, bearing

Paredes's signature, fingerprint and photo, confirming his
deportation on April, 15, 2005.

7. A review of Paredes's immigration file and other computerized systems

revealed that Eugeno Paredes Miranda did not make application nor was he
granted permission to re-enter the United States after removal as required by
law.

8. Based upon the facts and circumstances described above, I believe

that Paredes knowingly and intentionally reentered the United States without
authorization after having been previously deported in violation of Title 8, USC
Section 1326(a) and (b)(2).

Nathan R. Heyer
Deportation Offi er
U.S. Department of Homeland Security
Immigration and Customs Enforcement

Subscribed and sworn to before me this 21st day of December, 2010.