AO 91 (Rev. 01/09) Criminal Complaint 

UNITED STATES DISTRICT COURT 

United States of America V. Omar Uriel MONRROY-Diaz 

Defendant(s) 

for the 

Western District of Texas 

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Case No: 

CRIMINAL COMPLAINT 

2G2OFE7 IiIO: 19 

I, the complainant in this case, state that the following is true to the best of my knowledge and belief. On or about 

the date of February 1, 2020. in the county of El Paso in the Western District of Texas , the defendant violated 8 

U.S.C. § 1326 , an offense described as follows: 

an alien, who had been excluded, deported and removed from the United States and who has not received the consent to 

reapply for admission from the Attorney General of the United States or the Secretary of Homeland Security, the 

successor, pursuant to Title 6, United States Code, Section 202(3), 202(4), and 557, was found in the United States. 

This criminal complaint is based on these facts: 

On February 1, 2020, the Defendant, Omar Uriel MON RROY-Diaz, was encountered at the El Paso County Detention 

Facility by Deportation Officer Norberto Talamantez, who is assigned to the Immigration and Customs Enforcement 

Criminal Alien Program in El Paso, Texas. Officer Talamantez questioned the Defendant as to his citizenship and 

immigration status. 1he Defendant readily admitted he is a citizen and national of Mexico without immigration 

documents allowing him to be or remain in the United States. The Defendant was last removed from the United States to 

Mexico on March 13, 2012. There is no evidence that the Defendant received expressed consent from the appropriate 

authority to reapply for admission into the United States. 

1 Continued on the attached sheet. 

Sworn to before me and signed in my presence. 

Date: February 7, 2020 

City and state: El Paso, Texas 

ant',2ature 

Erika Gutierrez Deportation Officer 

Printed name and title 

u g s signature 

Anne T. Berton U.S. Magistrate Judge 

Printed name and title 

Case 3:20-cr-00695-DB Document 1 Filed 02/07/20 Page 1 of 2
CONTINUATION OF CRIMINAL COMPLAINT 

WESTERN DISTRICT OF TEXAS 

United States of America 

Omar Uriel Monrroy-Diaz 

Continuation of Statement of Facts: 

The encounter between Deportation Officer Talamantez and the Defendant took place at the El 

Paso County Detention Facility after the Defendant was arrested by the El Paso Police 

Department and booked into the facility. 

Upon his release from the detention facility and into the custody of ICE on February 6, 2020, 

Deportation Officer Victor Rivas processed the Defendant at the I)HS/ICE/ERO office by 

enrolling him into the EAGLE/IDENT/NGI systems using biographical information and 

biometrics-captured data, with positive matching results indicating the Defendant has 

immigration and criminal histories. 

The Defendant's immigration records checks revealed that, on May 24, 2010, the Defendant was 

issued a Final Administrative Removal Order, the Defendant's departure to Mexico was verified 

on May 28, 2010, at 1-lidalgo, Texas. On November 23, 2010, the Defendant was issued a Notice 

and Order of Expedited Removal and departed to Mexico on December 1, 201 0 at Brownsville, 

Texas. On December 22, 2011, the Defendant was issued a Notice of Intent/Decision to Reinstate 

Prior Order and departed to Mexico on March 13, 2012 at Brownsville, Texas. 

The Defendant's criminal history reflects convictions on April 5,2010 for the offense of Simple 

Assault and Recklessly Endangering, for which he received a sentence of'No Less Than Six (6) 

months nor more than 23 months" to run concurrently. 

On November 29, 2010, the Defendant was convicted of 8IJSC 1325 in the District of New 

Mexico for which he received a sentence of seven (7) days time served. And on January 3, 2012, 

he was convicted of 8USC 1325 in the District of Arizona for which he received a sentence of 

seventy-five (75) days with credit for time served. 

There is no evidence that the Defendant has received expressed consent from the Attorney 

General of the United States or the Secretary of Homeland Security to reapply for admission into 

the United States. 

On February 6, 2020, the Defendant was booked in to the El Paso County Detention Facility 

pending his initial appearance in United States Magistrate Court. 

The government will seek to file a Motion to Detain the Defendant without bond, showing for 

cause that the Defendant has a prior criminal history, and is a foreign national and therefore 

presents a high risk of fleeing to avoid prosecution on this charge. 

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