Diones Graciano Navarro Reentry Complaint

8/4/2019 Diones Graciano Navarro Reentry Complaint

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Case 4:11-cr-00085-A Document 1 Filed 05/23/11 Page 1 of 7 PageID 1

,TFX,\S

CLERK, U.S DlSTRICT COlJHTBy__ -: -

U.S. D!NORTE ; ; \ ' DUNITED STATES DISTRICT C URTNORTHERN DISTRICT OF TE S

FORT WORTH DIVISION

UNITED STATES OF AMERICAV.

Diones Graciano-Navarroaka: Dioni A GRACIANO; AlbertGRACIANO; Dion GRACIANO; AlbertoGRACIANO; Dioni NAVARRO; DioneNAVARRO-Graciano; Dioni GRACIAS

ORIGINAL

CRIMINAL COMPLAINTBeing duly sworn, I depose and state the following is true and correct tothe best ofmy knowledge and belief:On or about April 15,2011, in the Fort Worth Division of the Northern District ofTexas,

defendant, Diones Graciano-Navarro, an alien, was found in the United States havingpreviously been denied admission, excluded, deported and removed from the United States on orabout January 28, 1998, and that the defendant had not received the consent of the AttorneyGeneral of the United States and the Secretary of the Department ofHomeland Security, toreapply 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 andCustoms Enforcement (ICE), Department ofHomeland Security, Dallas District Enforcementand Removal Operations Unit. I have been employed by this agency for approximately threeyears. 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 aimedat the detection, apprehension, prosecution and removal of aliens illegally and unlawfully in theUnited States.

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The source ofmy 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 ofDriving While Intoxicated.On or about April 15, 2011, GRACIANO-NAVARRO was interviewed by Immigrationand Customs Enforcement, Immigration Enforcement Agent Javier Robles. lEA Robleslodged an Immigration and Customs Enforcement (ICE) detainer for DIONESGRACIANO-NAVARRO with the Tarrant County Jail. Record checks also revealed thatDIONES 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 thencompared by Fingerprint Specialist Thomas Fortner of the Dallas County Sheriffs Officeto 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 SantoDomingo, Republica Dominicana.

A. On or about January 4, 1968, SUBJECT was admitted into the UnitedStates as a Legal Permanent Resident class SA-I.



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

C. On or about March 18, 1976, SUBJECT was arrested by the New YorkCity Police Department for the offenses ofBribery of a Public Servant (2 ndDegree Felony) and Possession of a Gambling Device (Misdemeanor).Subject was convicted on 08-11-1976 ofGiving Unlawful Gratuities(Misdemeanor) in the Queens County Superior Court (cause: 1012-76), andreceived 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 wasconvicted in the Municipal Court ofUnion 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 wasconvicted in the Municipal Court of Perth Amboy and received $10 fine.

F. On or about October 3, 1977, SUBJECT was arrested by the West NewYork (NJ) Police Department for the offense ofMarijuana Possession. On 10-04-1977 he was convicted in the Municipal Court ofWest New York, andreceived $100 fine.

G. On or about September 3, 1985, SUBJECT was arrested by the LosAngeles (CA) SheriffMetro for the offense ofGambling and Theft ofPersonal Property.

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The Gambling charge was dismissed/furtherance of justice. Subject wasconvicted for Theft of Personal Property (Misdemeanor) and received 24months probation and eight (8) days in jail.

H. On or about September 7, 1986, SUBJECT was arrested by the LosAngeles (CA) Police Department for the offense of Possess/MFG/SellDangerous WPN/ETC. Subject was convicted on 09-10-1986 and sentencedto 10 days jail time.

I. On or about August 11, 1988, SUBJECT was arrested by the Gilroy (CA)Police Department for the offense ofArmed Robbery. On 08-11-1988 subjectwas released/detention only. On 1-25-1989 subject was convicted in the CASuperior Court at Santa Clara for Obtain Money by Fraud/Trick, andsentenced to three (3) years probation and 55 days in jail. On 10-24-1991, hisprobation 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 BaseF/Sale. On 07-10-1990, subject was convicted in the Superior Court LosAngeles, 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 ofWitness Receive ETC/Bribe. OnJune 14, 1990, he was convicted in the Superior Court of Los Angeles Centraland 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. On or about January 26, 1995, SUBJECT was arrested by the SantaBarbara (CA) Sheriffs Office for the offense ofObtain Money byFraud/Cards and Conspiracy to Commit a Crime. On February 14, 1995, thesubject was convicted in the Superior Court of Santa Barbara and received 36months probation and 45 days jail.

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

N. On or about December 6, 1995, SUBJECT was removed from the UnitedStates to the Dominican Republic, via TACA Flight #511 from the LAX PortOfEntry.

O. On or about December 11, 1996, SUBJECT was ordered removed by anImmigration Judge.

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

Q. On or about January 28, 1998, SUBJECT was removed from the UnitedStates to the Dominican Republic, from the LAX Port OfEntry.

R. On or about January 16, 2000, SUBJECT was arrested by the GrandPrairie (TX) Police Department for the offense ofRobbery. The charges werechanged to Theft Prop Grave/Human Corpse (State Jail Felony), and onOctober 30, 2000 he was convicted in the 396th District Court Ft Worth(cause: 0756795), and received two (2) years probation. On 1-10-2002 thecommunity supervision expired.



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5.

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

T. On or about February 18,2010, SUBJECT was arrested by the Arlington(TX) Police Department for the offense of Possession ofMarijuana < 2 oz(Class B Misdemeanor). On 05-07-2010, he was convicted in the CountyCriminal 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 BMisdemeanor). On March 8, 2011 he was convicted in the County CriminalCourt #9 Ft Worth (cause: 1214701), and was sentenced to 20 daysconfinement 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 variousjurisdictions, where disposition of the cases are currently unknown.

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



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6. 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 hasillegally reentered the United States after being deported without applying for, orreceiving permission from the Attorney General of the United States, or the Secretary ofthe Department of the Homeland Secretary, in violation ofTitle of8 U.S.C. 1326(a) &(b)(1 ).

Immigration Enforcement Agent, ICEDepartment ofHomeland Security

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


'('ttl23 day ofMay 2

. URETONSATES MAGISTRATE JUDGE

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Diones Graciano Navarro Reentry Complaint