ORIGINAL

Case 4:11-cr-00085-A Document 1

Filed 05/23/11

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UNITED STATES DISTRICT C URT NORTHERN DISTRICT OF TE S FORT WORTH DIVISION UNITED STATES OF AMERICA V.
Diones Graciano-Navarro aka: Dioni A GRACIANO; Albert GRACIANO; Dion GRACIANO; Alberto GRACIANO; Dioni NAVARRO; Dione NAVARRO-Graciano; Dioni GRACIAS

CLERK, U.S DlSTRICT COlJHT

By _ _-:-

CRIMINAL COMPLAINT Being duly sworn, I depose and state the following is true and correct to the best of my knowledge and belief: On or about April 15,2011, in the Fort Worth Division of the Northern District of Texas, defendant, Diones Graciano-Navarro, an alien, was found in the United States having previously been denied admission, excluded, deported and removed from the United States on or about January 28, 1998, and that the defendant had not received the consent of the Attorney General of the United States and the Secretary of the Department of Homeland Security, to reapply for admission to the United States. In violation of 8 U.S.C. 1326(a) and (b)(l). Furthermore, I am an Immigration Enforcement Agent with the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security, Dallas District Enforcement and Removal Operations Unit. I have been employed by this agency for approximately three years. I am currently assigned to the Violent Criminal Alien Section in the Dallas Field Office. My responsibilities include investigations related to the enforcement of immigration laws aimed at the detection, apprehension, prosecution and removal of aliens illegally and unlawfully in the United States.

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The source of my information and the grounds for my beliefs are as follows: 1. On or about April 15, 2011, the Fort Worth Police Department, in Fort Worth, Texas, arrested GRACIANO-NAVARRO for the offense of Driving While Intoxicated. On or about April 15, 2011, GRACIANO-NAVARRO was interviewed by Immigration and Customs Enforcement, Immigration Enforcement Agent Javier Robles. lEA Robles lodged an Immigration and Customs Enforcement (ICE) detainer for DIONES GRACIANO-NAVARRO with the Tarrant County Jail. Record checks also revealed that DIONES GRACIANO-NAVARRO's place of birth and citizenship was the Dominican Republic (FBI Number 95484913). 2. On April 20, 2011, DIONES GRACIANO-NAVARRO was fingerprinted by immigration agents at the ICE Dallas Field Office. SUBJECT's fingerprints were then compared by Fingerprint Specialist Thomas Fortner of the Dallas County Sheriffs Office to two 1-205 Warrants of Removal and Deportation, for DIONES GRACIANONAVARRO A#17563123. The I-205s, dated October 24, 1995 and December 11, 1996, and the fingerprints, were confirmed to be from the same individual. 3. Review and investigation of alien file A17 563 123 yields: SUBJECT is a citizen and national of the Dominican Republic, by virtue of birth in Santo Domingo, Republica Dominicana. A. On or about January 4, 1968, SUBJECT was admitted into the United States as a Legal Permanent Resident class SA-I.

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B.

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On or about October 30, 1975, SUBJECT was arrested by the New York City Police Department for the offenses of Fraudulent Accosting and Loitering. Subject was convicted on 10-31-1975 of Petit Larceny (Misdemeanor) in the Queens County Criminal Court (cause: Q528629), and received 200/30d, fine paid.

C.

On or about March 18, 1976, SUBJECT was arrested by the New York City Police Department for the offenses of Bribery of a Public Servant (2 nd Degree Felony) and Possession of a Gambling Device (Misdemeanor). Subject was convicted on 08-11-1976 of Giving Unlawful Gratuities (Misdemeanor) in the Queens County Superior Court (cause: 1012-76), and received a $500 fine.

D.

On or about September 8, 1976, SUBJECT was arrested by the Union City (NJ) Police Department for the offense of Fraud. On 11-22-1976, he was convicted in the Municipal Court of Union City NJ, and received $50 fine.

E.

On or about April 28, 1977, SUBJECT was arrested by the Perth Amboy (NJ) Police Department for the offense of Larceny. On 5-09-1977 he was convicted in the Municipal Court of Perth Amboy and received $10 fine.

F.

On or about October 3, 1977, SUBJECT was arrested by the West New York (NJ) Police Department for the offense of Marijuana Possession. On 1004-1977 he was convicted in the Municipal Court of West New York, and received $100 fine.

G.

On or about September 3, 1985, SUBJECT was arrested by the Los Angeles (CA) Sheriff Metro for the offense of Gambling and Theft of Personal Property.

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The Gambling charge was dismissed/furtherance ofjustice. Subject was convicted for Theft of Personal Property (Misdemeanor) and received 24 months probation and eight (8) days in jail. H. On or about September 7, 1986, SUBJECT was arrested by the Los Angeles (CA) Police Department for the offense of Possess/MFG/Sell Dangerous WPN/ETC. Subject was convicted on 09-10-1986 and sentenced to 10 days jail time. I. On or about August 11, 1988, SUBJECT was arrested by the Gilroy (CA) Police Department for the offense of Armed Robbery. On 08-11-1988 subject was released/detention only. On 1-25-1989 subject was convicted in the CA Superior Court at Santa Clara for Obtain Money by Fraud/Trick, and sentenced to three (3) years probation and 55 days in jail. On 10-24-1991, his probation was revoked and he was sentenced to two (2) years in prison. J. On or about May 2, 1989, SUBJECT was arrested by the Los Angeles (CA) Police Department for the offense ofPoss/Purchase Cocaine Base F/Sale. On 07-10-1990, subject was convicted in the Superior Court Los Angeles, and sentenced to 36 months probation, 91 days in jail. K. On or about April 3, 1990, SUBJECT was arrested by the Los Angeles (CA) Police Department for the offense of Witness Receive ETC/Bribe. On June 14, 1990, he was convicted in the Superior Court of Los Angeles Central and received 36 months probation and 69 days in jail. On December 12, 1991, the probation was reinstated and he was sentenced to 94 days in jail.

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L.

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On or about January 26, 1995, SUBJECT was arrested by the Santa Barbara (CA) Sheriffs Office for the offense of Obtain Money by Fraud/Cards and Conspiracy to Commit a Crime. On February 14, 1995, the subject was convicted in the Superior Court of Santa Barbara and received 36 months probation and 45 days jail.

M.

On or about October 24, 1995, SUBJECT was ordered removed by an Immigration Judge at San Pedro, CA.

N.

On or about December 6, 1995, SUBJECT was removed from the United States to the Dominican Republic, via TACA Flight #511 from the LAX Port Of Entry.

O.

On or about December 11, 1996, SUBJECT was ordered removed by an Immigration Judge.

P.

On or about August 15, 1997, SUBJECT'S appeal to the Board of Immigration Appeals was denied.

Q.

On or about January 28, 1998, SUBJECT was removed from the United States to the Dominican Republic, from the LAX Port Of Entry.

R.

On or about January 16, 2000, SUBJECT was arrested by the Grand Prairie (TX) Police Department for the offense of Robbery. The charges were changed to Theft Prop Grave/Human Corpse (State Jail Felony), and on October 30, 2000 he was convicted in the 396th District Court Ft Worth (cause: 0756795), and received two (2) years probation. On 1-10-2002 the community supervision expired.

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S.

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On or about August 16, 2004, SUBJECT was arrested by the Arlington (TX) Police Department for the offense of Possession of Marijuana < 2 oz. (Class B Misdemeanor). On 10-28-2004, he was convicted in the County Criminal Court No 4, Ft Worth (cause: 0947425001), and sentenced to 20 days confinement.

T.

On or about February 18,2010, SUBJECT was arrested by the Arlington (TX) Police Department for the offense of Possession of Marijuana < 2 oz (Class B Misdemeanor). On 05-07-2010, he was convicted in the County Criminal Court No.2, Ft Worth (cause: 1191842001), and received two (2) days confinement.

U.

On or about February 18,2011, SUBJECT was arrested by the Fort Worth (TX) Police Department for the offense of Driving While Intoxicated (Class B Misdemeanor). On March 8, 2011 he was convicted in the County Criminal Court #9 Ft Worth (cause: 1214701), and was sentenced to 20 days confinement and work release.

V.

Beginning on or about November 23,1970, through on or about June 14, 2006, SUBJECT was arrested approximately 27 additional times, in various jurisdictions, where disposition of the cases are currently unknown.

5.

There is no evidence in his permanent alien file or automated Immigration record system that reflect SUBJECT applied for, or received permission from the United States Attorney General, or the Secretary of the Department of the Homeland Security to reenter the United States after being deported on January 28, 1998.

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6.

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On the basis of the foregoing, it is my belief that GRACIANO-NAVARRO, Diones is an alien who is a national and citizen of the Dominican Republic, who has illegally reentered the United States after being deported without applying for, or receiving permission from the Attorney General of the United States, or the Secretary of the Department of the Homeland Secretary, in violation of Title of8 U.S.C. 1326(a) &
(b)(1 ).

Immigration Enforcement Agent, ICE Department of Homeland Security

Sworn to before me and subscribed in my presence, L: "l$ a.m. ~at Fort Worth, Texas.

23

'('ttl

day of May 2

. URETON SATES MAGISTRATE JUDGE

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