FOR€¦ · 23/03/2011 · Ismael Canto Senior Patrol Agent SWORN TO BEFORE ME AND SUBSCRIBED IN...

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA, ) Magistrate \ S Plaintiff,

COMPLAINT FOR OF: C'.5Uv. ) Title 8, USC ) (v )(II) Attempted 'ffansportatlOn of Illegal ) Aliens and AIding and Abetting Transportation ) of Illegal Aliens )Arturo LEYV A JR,

Jose Guadalupe CEJA JR, ) Guadalupe GARCIA JR ) '1'1 MJ 0906

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Defendants. ) -----------------------------------)

The undersigned complainant being, duly sworn, states: On or about March 14, 2011, within the Southern District of California, defendant Arturo LEYVA JR, Jose Guadalupe CEJA JR and Guadalupe GARCIA JR, with the intent to violate the immigration laws of the United States, knowing and in reckless disregard of the fact that certain aliens, namely, Jenaro GONZALEZ-Hernandez, Jenaro GONZALEZ-Hernandez and Miriam PILLE-Almanza, had come to, entered and remained in the United States in violation of law, did transport and move, said aliens within the United States in furtherance of such violation of law; in violation of Title 8, United States Code, Section 1324(a)(1)(A)(ii) and and (a)(I)(A)(v)(II).

And the complainant further states that this complaint is based on the attached statement of facts, which is incorporated herein by reference.

SIGNATURE OF COMPLAINANT Ismael Canto Senior Patrol Agent

SWORN TO BEFORE ME AND SUBSCRIBED IN MY PRESE March ,2011.

WIL A . GALLO United States Magistrate Judge

Case 3:11-mj-00906-WVG Document 1 Filed 03/16/11 of 9

II

CONTINUATION OF COMPLAINT: Jose Guadalupe CEJA JR, Arturo LEVVA JR, Guadalupe GARCIA JR

PROBABLE CAUSE STATEMENT Furthermore, the complainant states that Jenaro GONZALEZ-Hernandez, Jenaro GONZALEZ-Hernandez and Miriam PILLE-Almanza, are citizens of a country other than the United States; that said aliens have admitted that they are deportable; that their testimony is material, that it is impracticable to secure their attendance at the trial by subpoena; and they are material witnesses in relation to this criminal charge and should be held or admitted to bail pursuant to Title 18, United States Code, Section 3144.

On March 14,2011, Border Patrol Agent (BPA) S. Smith was assigned anti- smuggling duties in the Campo Border Patrol Station's area of responsibility. BP A Smith was working in a plain clothes capacity and was driving an unmarked Border Patrol vehicle.

At approximately 9:45 PM, BPA Smith was driving westbound on Interstate 8 near Boulevard, California. As BP A Smith was passing the Ribbonwood Road exit he observed two white vans pass his location. BPA Smith observed both vans had government license plates.

The first van had Department ofHomeland Security license plates but did not appear to be the body type that Campo Station typically operates. BPA Smith is familiar with the appearance ofDHS plates as they are issued to all of the marked Border Patrol vehicles that Campo Station Agents operate. The first vehicle was traveling fast enough that BPA Smith was unable to read the plate or catch up to the vehicle safely.

BP A Smith began to speed up as the second van passed his location. BPA Smith observed that the second vehicle had U.S. Government, For Official Use Only, license plates. As the vehicle passed BPA Smith, he noticed that the first "8" in the license plate number did not reflect in his headlights in the same manner as the rest of the numbers. In the past, alien smugglers have altered valid vehicle license plates in an attempt to disguise the true identity of the vehicle. The possibility that the license plate may be altered made BPA Smith suspicious. BP A Smith passed the van in an attempt to look at, and inside, the vehicle.

BPA Smith noticed the front seat passenger was wearing a military style, camouflage uniform. BPA Smith had observed the front passenger was wearing a military uniform that appeared to be issued by the United States Marine Corps or Navy. BPA Smith has served on active duty in both the Marine Corps and Army and is familiar with the appearance of military uniforms and the issued headgear. The rear passenger area windows were tinted, but as the vehicle passed under street lights along the interstate, and as vehicles passed in the other direction, BP A Smith was able to see into the van. BPA Smith observed several individuals in the very rear of the vehicle wearing Marine Corps caps.

Due to the abnormalities of the license plate and the possible discrepancies with the uniforms the


CONTINUATION OF COMPLAINT: Jose Guadalupe CEJA JR, Arturo LEYVA JR, Guadalupe GARCIA JR

out of the vehicle so he could interview him further. BP A Smith again asked where they were going and LEYV A again stated "Joint Service Base". BPA Smith became suspicious that LEYVA was not a Marine and asked LEYVA when the Marine Corps Birthday is. LEYV A stated he did not know. BPA Smith knows the Marine Corps birthday is one of the first things taught to all Marines in basic training. At that time, BPA Smith knew LEYVA's claim of being a U.S. Marine was false.

At the same time, BP A Robinson approached the passenger side of the vehicle and identified himself as a Border Patrol Agent. BPA Robinson asked the passenger where they were coming from. The front seat passenger, later identified as Jose Guadalupe CEJA Jr., stated they were coming from Yuma, Arizona. BPA Robinson has also served in the U.S. Marine Corps and is familiar with the uniforms and typical responses most Marines will give to questions regarding the Marine Corps. BP A Robinson observed that some of the individual in the van were wearing desert digital style uniforms and some were wearing urban digital style uniforms. BP A Robinson asked CEJA what Marine Corps unit he served in and CEJA failed to answer. BPA Robinson observed that CEJA did not appear to understand English. BPA Robinson asked CEJA ifhe spoke English and CEJA stated "no, not good". BPA Robinson asked CEJA the same question, regarding his unit, in Spanish. CEJA failed to respond again. BPA Robinson asked CEJA his name and CEJA failed to respond. CEJA was wearing a uniform with the name "LOPEZ" clearly marked on the front of it. At that time BP A Robinson noticed the driver had the same name displayed on the uniform he was wearing. BP A Robinson asked CEJA if he was a Marine and CEJA stated he was not.

While BP A Smith was interviewing LEYVA and BP A Robinson was interviewing CEJA, BPA Baucom had tapped on the cargo doors and requested the occupants to open it. BP A Baucom identified himself as a Border Patrol Agent and questioned the occupants as their citizenship. The individuals in the rear of the van stated they were citizens of Mexico. BP A Baucom asked them to produce immigration documents and all of the subjects stated they did not have any. At approximately 10:05 PM BP A Baucom placed the individuals in the rear of the van under arrest for being illegally present in the United States.

At approximately 10:06 PM, BPA Smith placed LEYVA under arrest for alien smuggling. At approximately 10:06 PM, BPA Robinson placed CEJA under arrest for alien smuggling.

BPA Smith thought the first white van might possibly be involved in the same smuggling event in tandem with the second white van in secondary inspection. As other agents started to arrive in secondary inspection to assist, BP A Smith relayed his suspicion about the first white van.

At approximately 10:07 PM, BPA Iniguez questioned LEYVA and asked him ifhe was following or being followed by another vehicle. LEYV A said "he was following a green Eclipse". BP A Iniguez and BPA Estrada immediately went inside the checkpoint and reviewed the tapes of the vehicles



passing through the checkpoint.

After reviewing the tape of the vehicles passing through the primary inspection area, BPA Iniguez and BP A Estrada observed a green Mitsubishi Eclipse come through after both suspect vans at approximately 10:05 PM. BP A Estrada radioed agents working west of the checkpoint, as well as Boulevard agents working at the eastbound Interstate 8 Border Patrol Checkpoint, to be on the lookout for the green Mitsubishi Eclipse.

LEYVA, CEJA, the other 13 passengers and the white van were transported to the Campo Border Patrol Station for interview and processing.

Eastbound Interstate 8 Boulevard Checkpoint

On March 14,2011, BPA C. Harms, a member of the Boulevard Station Abatement Team (BLV SAT), was performing anti-smuggling duties in and around the town of Jacumba, California. Jacumba, California is located approximately 25 miles east of the Tecate, California Port of Entry and is directly north of the United StateslMexico International Boundary.

At approximately 10:45 PM, an all points bulletin was broadcast via agency radio regarding a dark green Mitsubishi Eclipse believed to be involved in an alien smuggling event apprehended at the Interstate 8 westbound checkpoint. A full vehicle description was provided along with a description of the driver.

At approximately 11 :30 PM, a vehicle matching the bulletin arrived at the primary inspection point at the Interstate 8 eastbound checkpoint near Jacumba. Agents working at the checkpoint instructed the driver of the vehicle, later identified as Guadalupe GARCIA, Jr., to drive his vehicle into the secondary inspection area.

At the secondary inspection area, BPA Harms, BP A Gonzalez, and Supervisory Border Patrol Agent (SBPA) B. Soto, interviewed GARCIA. GARCIA stated that he was originally traveling westbound towards San Diego, California, but was having vehicular problems and was now returning eastbound to Calexico, California. SBP A Soto telephoned SBP A Adam Brooke of the Campo Border Patrol Station and asked for additional information regarding the bulletin. SBP A Brooke told SBP A Soto that an imposter military van had been stopped at the Interstate 8 westbound checkpoint with 13 illegal aliens wearing imposter United States Marine Corps uniforms. Border Patrol Agents observed the vehicle GARCIA was driving as being involved in the smuggling attempt.

BP A Gonzalez asked GARCIA for consent to search his vehicle. GARCIA consented to the search of his vehicle and BPA Gonzalez encountered several sets ofUnited States Marine Corps rank; insignia



underneath the passenger's seat. When BP A Gonzalez questioned GARCIA about the military insignia, GARCIA denied the insignias were his. BPA Harms asked GARCIA several questions about the vehicle's history to which GARCIA gave vague and blatantly false answers. BPA Harms explained to GARCIA that his explanations for the vehicle and his whereabouts were blatantly false and he believed GARCIA was lying.

At approximately 11 :52 PM, SBP A Soto placed GARCIA under arrest for his suspected participation in the smuggling event at the Interstate 8 westbound checkpoint.

***********************DEFENDANT STATEMENT #1 ********************* LEYVA, Arturo:

LEYVA Jr. stated approximately one year ago he met a man named Michael in Calexico. LEYVA Jr. stated he was introduced to Michael through his high school friend Joseph as a person who could help him earn money_ LEYVA described Michael as a short, chubby Hispanic man in his mid-twenties. LEYVA stated that Michael was possibly a United States citizen because he attended school in the United States. LEYVA stated at their initial meeting Michael offered him a job to smuggle drugs in a vehicle across the international boundary. LEYVA stated he initially accepted the offer, but then declined to participate moments before then event was planned to occur.

LEYV A stated approximately two weeks ago he was at a gentlemen's club named Porky's in Mexicali, Mexico where he again ran into Michael who recognized him from their previous dealings. lEYVA stated Michael approached him and told LEYVA that he owed him money for not participating in their earlier drug smuggling event as promised. LEYVA stated Michael then told him that in order to repay his debt he would have to participate in five human smuggling events. LEYVA stated Michael then took him to a house at an unknown location in Mexicali, Mexico where he was briefed about tonight's smuggling event.

LEYV A stated at the house, Michael introduced him to a man named Ismael who was in charge of coordinating human smuggling events. LEYVA described Ismael as a younger, short, skinny, Hispanic male with a short military style haircut. LEYVA stated Ismael told him that on his first smuggling attempt he would be provided with a large van having U.S. government plates, and U.S. military uniforms in order to conceal their identities. LEYVA stated Ismael also promised to provide him with a cellular phone for contact at a later date. LEYVA stated two days later while at school, a man later identified as Guadalupe GARCIA handed him a phone and told him it was for his upcoming job.

LEYVA was shown a six-person photographic lineup labeled "Exhibit B" and positively identified photograph number four as Guadalupe GARCIA as the person who handed him the phone. LEYVA stated he knew this individual only as Jose.


CONTINUATION OF COMPLAINT: Jose Guadalupe CEJA JR, Arturo LEYVA JR, Guadalupe GARCIA JR • LEYVA stated on March 14,2011 at approximately 10:30 AM, Ismael contacted him on the phone he was given by GARCIA. LEYV A stated Ismael told him there would be work today and that he would contact him later. LEYVA stated at approximately 3:30 PM Ismael called him and told him he would be providing LEYVA with a taxi ride from his house in El Centro, California to the Wal-Mart parking lot in Calexico, California. LEYVA stated once at the Wal-Mart, Ismael told him that someone would be there shortly to pick him up. LEYVA stated a green Mitsubishi Eclipse driven by GARCIA approached him in the parking lot where he then got in. LEYVA stated Garcia then drove him to the 7-Eleven near the comer ofRockwood Road in Calexico. LEYVA stated there was a white full-size van, with Mexican license plates, waiting in the 7 -Eleven parking lot. LEYVA stated GARCIA then instructed him to get into the van and drove off. LEYVA stated inside the van, a man was in driver seat, later identified as Jose Guadalupe CEJA Jr.

LEYVA was shown a six-person photographic lineup labeled "Exhibit A" and positively identified photograph number five as Jose Guadalupe CEJA Jr. who was in the van. LEYV A stated at that time CEJA Jr. was wearing civilian clothing.

LEYVA stated from there CEJA Jr. drove the van to a shopping plaza in Calexico where they pulled into a parking lot behind the Fitness Gym. LEYVA stated once there CEJA Jr. called GARCIA and let him know they were in position. LEYVA stated shortly thereafter an orange and black Honua minivan pulled up and dropped off three people who got in the back seats of the van. LEYVA stated CEJA Jr. then drove the van to a church parking lot at the intersection of Ross and Imperial Avenues. in Calexico. LEYV A stated once there CEJA Jr. received another phone call. LEYVA stated shortly thereafter a late model black Ford Mustang showed up and dropped off four to five additional individuals who also go into the back seats of the van. LEYVA stated CEJA Jr. then drove the van down Imperial A venue to Adams Road into a trailer park. LEYVA stated once at the trailer park they pulled up to unit #32 where there rest of the individuals involved in the smuggling event all got in the back seats of the van. LEYV A stated at this time everyone was still wearing civilian clothing.

LEYV A stated the van then again met up with the green Mitsubishi Eclipse driven by GARCIA and followed it to a second trailer park in Seeley, California. LEYVA described the trailer park as having a man made pond attached to it. LEYVA stated at the second trailer park CEJA Jr. pulled the van under some trees near the pond. LEYVA stated GARCIA then left and said he would return soon.: LEYVA stated an unknown man then arrived with two large green military style duffle bags full of military clothing. LEYVA described the man as a short, skinny, Hispanic male. LEYVA stated the unknown man also started to change the Mexican license plates on the van to U.S. government plates he had brought along with him. LEYVA stated CEJA Jr. then instructed everyone else to change out from their clothes into the military clothing. LEYVA stated the unknown man then instructed ClUA Jr. to make sure the younger men in the group sat towards the front of the van. LEYVA stated CEJA Jr. then



instructed him to put on the green uniforms because they would be sitting upfront. LEYV A stated the unknown man also started to coach CEJA Jf. on what to say if stopped at the Border Patrol checkpoint, but became frustrated by CEJA Jr. IS poor English skills. LEYV A stated the unknown man then instructed LEYVA that he would drive instead. LEYVA stated the man told him if questioned at the checkpoint to say they were all coming from the Yuma Air Force base en route to the March Air Force base in Riverside, California. LEYVA stated the unknown man then left and GARICA retuned shortly thereafter in the green Mitsubishi Eclipse. LEYVA stated everyone then loaded into the van where he followed the green Mitsubishi Eclipse to the Interstate 8 freeway. LEYVA stated he then drove west on the freeway, passing the Eclipse, until he was eventually arrested at the Border Patrol checkpoint.

LEYVA stated Ismael originally instructed him that he would be driving the van to an unknown location near the Los Angeles area. LEYV A stated once there the individuals would be unloaded, retuned to their civilian clothing, and picked up by other parties. LEYVA stated Ismael instructed him to then switch the plates on the van back to the Mexican placards and return the van to Calexico where he would be paid. LEYVA stated he was promised $150.00 in compensation for each undocumented alien he transported. LEYV A stated he knew the individuals in the van would be undocumented citizens of Mexico without the proper document to be or remain legally in the United States. LEYVA also stated that he knew he was committing a crime by transporting the undocumented aliens for financial gain.

** ** *** * * * * * * * ** ** ** *** * * DEFENDANT STATEMENT#3* ** * * * * ** ** ** **** ** * GARCIA, Guadalupe:

Agent Zepeda asked GARCIA how he became involved in this criminal activity. GARCIA stated he attended a party in San Felipe, Mexico, with his friends. GARCIA stated that he and his friend Jose, aka "Mago", overheard a conversation from one of their acquaintances talking about transporting undocumented aliens. GARCIA stated one of the acquaintances told him if he was interested in accepting the job offer, he was going to get a phone call the very next day from a miscellaneous person giving him further details. GARCIA stated he decided to take the offer because he has been unemployed for 8 months.

GARCIA stated the next day he received a phone call from an unknown man telling GARCIA what role he was going to play in this illegal act. GARCIA stated the man promised him he was not going to drive any undocumented aliens but was going to be a scout looking for the Border Patrol and to see if the Border Patrol Checkpoint was closed.

GARCIA stated he was going to receive $400.00 for helping this unknown man and ifhe was successful, he was going to receive more work from this individual.


II


GARCIA stated he met with Jose, later identified as Jose Guadalupe CEJA Jr., on Monday March 14, 2011, at approximately 7:00 PM. when they crossed together through the Calexico Port of Entry. GARCIA stated he dropped off CEJA at an unknown location close to the port of entry. GARCIA stated he was instructed to drive westbound and observe traffic on the Interstate 8 and lookout for Border Patrol. GARCIA stated he drove westbound on the Interstate 8 until reaching the Border Patrol checkpoint. GARCIA stated he was then scouting the agents to see if they were sending vehicles to secondary inspection or just waving cars through the point. GARCIA stated after he drove through the checkpoint, he exited off the westbound lanes and drove eastbound until he arrived at Jacumba. GARCIA stated he went to the Chevron gasoline station to wait for Jose to call him so he could drive in front of the loaded vehicle that had the undocumented aliens. GARCIA stated once they were to successfully pass through the Border Patrol checkpoint, their goal was to drive west on the Interstate 8 and eventually take Interstate 15 and drop off the undocumented aliens at an unknown location.

GARCIA was shown a six-person photographic lineup labeled IIExhibit An and positively identified photograph number five as Jose Guadalupe CEJA Jr., as the passenger in the van transporting the undocumented aliens.

GARCIA was shown a six-person photographic lineup labeled "Exhibit cn and could not positively identifY any of the photographs as the driver involved in today's events.

GARCIA was again questioned by Agent Zepeda as to his role in this event. GARCIA stated his role was to act as a scout driver looking for Border Patrol agents that could intercept the smuggling load.

GARCIA was again questioned as to how much monetary gain he was going to make scouting for the vehicle that carried the undocumented aliens. GARCIA stated he was going to earn $400.00.

****************************MATERIAL WITNESS STATEMENTS***********

Material Witnesses Jenaro GONZALEZ-Hernandez, Jenaro GONZALEZ-Hernandez and Miriam PILLE-Almanza stated that they are citizens and nationals ofMexico illegally present in the United States. They stated they did not have any immigration documents allowing them to be in the United States legally. They stated that arrangements had been made in Mexicali B.c. Mexico to be smuggled into the United States. All material witnesses stated that they were to pay between 3,000 and 3,800 U. S. dollars to be smuggled into the United States. All material witnesses were shown a six-pack photographic line-up, all of the material witnesses were not able to positively identifY the defendants as the driver and passenger of the vehicle.



The green Mitsubishi Eclipse, bearing California license plate 4NGX642, was not reported stolen and is being seized under Title 8 and will be turned over to the asset forfeiture office. The vehicle had a positive 72 hour lane check. While investigating the crossing history of the vehicle Agents discovered that both GARCIA Jr. and CEJA Jr. crossed in the Mitsubishi through the Calexico West port of entry on 03114/2011 at 8:07 PM.

Both Government plates, bearing number G43 4018D, are being seized as evidence in the case of the U.S. vs. LEYVA Jr., CEJA Jr., and GARCIA Jr.


FOR€¦ · 23/03/2011 · Ismael Canto Senior Patrol Agent SWORN TO BEFORE ME AND SUBSCRIBED IN...

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