AO 106(Rev. 04/10) Application for a Search Warrant

United States DistrictCourt

In the Matter ofthe Search of

(Brieflydescribe theproperty to be searched

or identifytheperson by name andaddress)

1328 Manchester Avenue

Columbus, Ohio 43224

for the

Southern District ofOhio

Case No.

AUSAs Martinez/Kim

APPLICATION FOR A SEARCH WARRANT

I, a federal law enforcement officer or an attorney for the government, request a search warrant and state under

penalty of peijury that I have reason to believe that on the following person or property (identify the person ordescribe the

property to be searchedandgive its location):

See attached Affldavit and Attachment A.

located in the Southern District of Ohio , there is now concealed (identify the

person or describe theproperty to beseized):

Juan ALVARENGA-Alberto and Identification documents.

The basis for the search under Fed. R. Crim. P. 41(c) is (check one ormore):

• evidence of a crime;

• contraband, fhiits of crime, or other items illegally possessed;

sf property designed for use, intended for use, or used in committing acrime;

sfaperson to be arrested or aperson who is unlawfully restrained.

The search is related to a violation of:

Code Section

8 U.S.C. 1326(a)

Offense Description

Illegalre-entry of an alien after being removed from the United States.

The application is based on these facts:

See attached Affidavit.

sf Continued on the attached sheet.

• Delayed notice of days (give exact ending date if more than 30 days: ) is requested

under 18 U.S.C. § 3103a, the basis ofwhich is set forth on the attached sheet.

Sworn to before me and signed in my presence.

Date:

City and state: Columbus, Ohio

Applicant's signature

Matthew J. Salmon, Deportation Officer (ICE)

Printed name and title

Judge'ssisHoture

Elizabeth Preston Deavers, U.S. Magistrate Judge

Printed name and title

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

IN THE MATTER OF

THE SEARCH OF:

1328 Manchester Avenue

Columbus, Ohio 43224

CASE NO.

AFFIDAVIT IN SUPPORT OF SEARCH WARRANT APPLICATION

I, United States Immigration and Customs Enforcement (ICE) Deportation Officer,

Matthew J. Salmon, being first duly sworn, depose and state as follows:

1. I am a Deportation Officer with more than fourteen years of experience as an Immigration

Officer with United States hnmigration and Customs Enforcement (ICE), District

Adjudications Officer with United States Citizenship and Immigration Services, and Border

Patrol Agent with the United States Border Patrol. I am assigned to the Columbus, Ohio

Office of Enforcement and Removals-Field Operations Unit. 1 have investigated both

criminal and administrative matters involving aliens inthe United States. I have successfully

completed the United States Border Patrol Agent Academy atthe Federal Law Enforcement

Training Center (FLETC) in Charleston, South Carolina.

2. The facts set forth in this Affidavit are based on my personal knowledge and observations

during the course of this investigation between December 2015 and the present, further

conveyed to me by other law enforcement officers, confidential sources, and my review of

the records and documents obtained during the investigation. The purpose ofthis Affidavit is

only to establish probable cause; 1 have not set forth each and every fact known to me

concerning this investigation.

3. The purpose of this Affidavit is to support the United States's application for a search

warrant for the residence located at 1328 Manchester Avenue, Columbus, Ohio43224, which

is believed to be a location where Juan ALVARENGA-Alberto resides.

4. Based on the facts and information set forth in this Affidavit, I respectfully submit that there

is probable cause to believe that there is presently concealed evidence, fruits, and

instrumentalities on the premises known as 1328 Manchester Avenue, Columbus, Ohio

43224. The evidence, fruits, and instrumentalities relate to violations of 8 U.S.C. § 1326(a),

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an alien who has been denied admission, excluded, deported, orremoved, orhas departed the

United States while an order of exclusion, deportation or removal is outstanding, and

thereafter enters, attempts to enter, orat any time found in the United States, unless prior to

re-embarkation at a place outside the United States or an application for admission from a

foreign contiguous territory, the Attorney General has expressly consented to such alien's

reapplying for admission.

SUMMARY OF PROBABLE CAUSE

5. Juan ALVARENGA-Alberto is a citizen ofEl Salvador and not a citizen ofthe United States.

6. On or about October 29, 2006, ALVARENGA-Alberto was arrested by the Minerva Park

(Ohio) Police Department for Operating a Motor Vehicle Intoxicated. On or about January 9,

2007, ALVARENGA-Alberto was convicted of this offense. During this encounter,

ALVARENGA-Alberto presented himself to arresting officers as Tomas Liviana

ALVARENGA (date of birth 04/11/1985). The use of this alias was confirmed by the

Integrated Automated Fingerprint Identification System.

7. On or about October 29, 2008, ALVARENGA-Alberto was arrested in Columbus, Ohio for

Operating a Motor Vehicle Intoxicated. On or about January 9, 2007, ALVARENGAAlberto was convicted ofthis offense.

8. On or about December 15, 2008, ALVARENGA-Alberto was arrested by ICE Officers in

Columbus, Ohio after being released from Franklin County (Ohio) jail. ALVARENGAAlberto was charged administratively as an inadmissible alien as described in Section

212(a)(6)(A)(i) of the Immigration and Nationality Act. ALVARENGA-Alberto signed a

Stipulated Removal Order and Waiver of Hearing. On or about December 22, 2008,

ALVARENGA-Alberto was ordered removed by an Immigration Judge in Cleveland, Ohio

from the United States to El Salvador. On or about January 30, 2009, ALVARENGAAlberto was physically removed from the United States to El Salvador via New Orleans,

Louisiana. Prior to removal, ALVARENGA-Alberto surrendered his fingerprint and photo

for Immigration Form 1-205 (Warrant of Removal/Deportation), a document that he signed.

ALVARENGA-Alberto's removal was witnessed by an Immigration Officer.

9. On or about October 14, 2011, ALVARENGA-Alberto was arrested by the Columbus

Division ofPolice for Operating a Motor Vehicle Intoxicated. On or about October 27,2011,

ALVARENGA-Alberto was convicted of this offense. During this encounter,

ALVARENGA-Alberto presented himself as Joaquin CASTRO-Gil (date of birth

08/05/1989). According to recordsreceived from the El Salvadoran National Police,Joaquin

CASTRO-Gil is a member of the transnational criminal organization La Mara Salvatrucha,

also known as MS-13.

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10. On or about October 17, 2011, ALVARENGA-Alberto was arrested by ICE Officers in

Colmnbus, Ohio after being released from Franklin County (Ohio) jail. ALVARENGAAlbertowas chargedadministratively for reinstatement ofprior order ofremoval as described

in Section 241(a)(5) of the Immigration and Nationality Act. On or about January 3, 2012,

ALVARENGA-Alberto was physically removed from the United States to El Salvador via

New Orleans, Louisiana. Prior to removal, ALVARENGA-Alberto surrendered his

fingerprint and photograph for Immigration Form 1-205(Warrant ofRemoval/Deportation), a

document that he signed. ALVARENGA-Alberto's removal was wimessed by an

Immigration Officer.

11. On or about May 10, 2012, ALVARENGA-Alberto was arrested by the United States Border

Patrol in McAllen, Texas. ALVARENGA-Alberto was charged administratively for

reinstatement ofprior order of removal as described in Section 241(a)(5) ofthe Immigration

and Nationality Act. On or about June 8, 2012, ALVARENGA-Alberto was physically

removed from the United States to El Salvador via Atlanta, Georgia. Prior to removal,

ALVARENGA-Alberto surrendered his fingerprint and photograph for Immigration Form I205 (Warrant of Removal/Deportation), a document that he signed. ALVARENGAAlberto's removal was witnessed by an Immigration Officer.

12. On or about January 4, 2013, ALVARENGA-Alberto was arrested by the United States

BorderPatrol in McAllen, Texas. ALVARENGA-Alberto was charged administratively for

reinstatement of prior order of removal as described in Section 241(a)(5) of the Immigration

and Nationality Act. ALVARENGA-Alberto was also charged criminally for, and convicted

of, Improper Entry byAlien, inviolation of8 U.S.C. § 1325. On orabout February 7,2013,

ALVARENGA-Alberto was physically removed from the United States to El Salvador via

Harlingen, Texas. Prior to removal, ALVARENGA-Alberto surrendered his fingerprint and

photograph for Immigration Form 1-205 (Warrant of Removal/Deportation), a document he

signed. ALVARENGA-Alberto's removal was witnessed byanImmigration Officer.

13. Between December 2015 and the present, officers with ICE/ERO, the Federal Bureau of

Investigation, and the Columbus Division of Police have been conducting an investigation

into MS-13. Throughout the investigation, ALVARENGA-Alberto has been regularly

named by sources of information as a member of MS-13. Sources of information have

declared that ALVARENGA-Alberto is a Jumped-in MS-13 member with the Columbus,

Ohio clique known asthe Columbus Locos Salvatruchas (CLS). Sources ofinformation have

provided officers with the address of 1328 Manchester Avenue, Columbus, Ohio 43224 as

the current residence ofALVARENGA-Alberto.

14. On or about January 23,2017, officers received a report from theEl Salvador National Police

identifying ALVARENGA-Alberto as a member of MS-13.

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15. A second report from the El Salvador National Police explained that on or about July 2,

2013, ALVARENGA-Alberto was arrested in El Salvador for the crimes of criminal

association and resisting arrest. The dispositions ofthese charges are unknown. During this

encounter, a criminal history search revealed a record of gang membership. The assumption

of affiliation is supported by the identification of multiple tattoos on his body that are

exclusively gang-related and are generally found on people who have been MS-13 members

for several years. These tattoos include the letters of the Salvadoran national shield and

praying hands. **This information was received in the Spanish ianguage from the El

Salvador National Police and translated to English by a FBI Language Specialist.**

16.A search of open source media has revealed photos of ALVARENGA-Alberto among other

MS-13 members, including photos ofALVARENGA-Alberto displaying gang signs with his

hands.

17. On or about May 26, 2017 at approximately 7:45AM, ALVARENGA-Alberto was observed

and identified by surveillance officers exiting his residence of 1328 Manchester Avenue,

Columbus, Ohio 43224. ALVARENGA-Alberto got into a tan Nissan Altima bearing Ohio

license plate HAF1112, registered to Hilda Yaneth Azmitia Martinez at 3366 Anita Street,

Columbus, Ohio 43224. This is the vehicle ALVARENGA-Alberto has been seen driving

regularly. Hilda AZMITIA-Martinez is the known significant other of ALVARENGAAlberto.

18. On or about July 14, 2017 at approximately 7:00AM, ALVARENGA-Alberto was observed

and identified by surveillance officers exiting his residence of 1328 Manchester Avenue,

Columbus, Ohio 43224. ALVARENGA-Alberto was picked up in a Chevy van bearing Ohio

license plate PJA1049, registered to Aleman Roofing Services at 5272 Bashaw Drive,

Westerville, Ohio 43081. On this day, the tan Nissan Altima bearing Ohio license plate

HAF1112, the vehicle that ALVARENGA-Alberto had been previously seen driving, was

present at the residence.

19. On or about July 21, 2017 at approximately 6:50AM, ALVARENGA-Alberto was observed

and identified by surveillance officers exiting his residence of 1328 Manchester Avenue,

Columbus, Ohio 43224. ALVARENGA-Alberto retrieved an unknown item from a tan

Nissan Altima bearing Ohio license plate HAF1112 and returned to the residence. At

approximately 7:00AM, ALVARENGA-Alberto sat on the front steps facing surveillance

officers. Several of his known arm tattoos were visible to further ensure a positive

identification. At approximately 7:05AM, ALVARENGA-Alberto was picked up in a Chevy

van bearing Ohio license plate PJA1049, registered to Aleman Roofing Services registered to

5672 Bashaw Drive, Westerville, Ohio 43081.

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20. On or August 10, 2017 at approximately 7:25AM, ALVARENGA-Alberto was observed and

identified by surveillance officers exiting his residence of 1328 Manchester Avenue,

Columbus, Ohio 43224. ALVARENGA-Alberto sat on the front steps facing surveillance

officers. Several of his known arm tattoos were visible to further ensure a positive

identification. At approximately 7:35AM, ALVARENGA-Alberto was pickupup in a Chevy

van bearing Ohio license plate PJA1049,registered to Aleman Roofing Services registered to

5672 Bashaw Drive, Westerville, Ohio 43081.

CONCLUSION

21. Based on the aforementioned facts, your Affiant believes that there is probable cause that the

presence ofJuan ALVARENGA-Alberto constitutes evidence, fhiits, and instrumentalities of

a violation of 8 U.S.C. § 1326(a), and is located within the premises of 1328 Manchester

Avenue, Columbus, Ohio 43224.

22. Based on all the foregoing information, your Affiant respectfully requests that this Court

issue a warrant to search the premises known as 1328 Manchester Avenue, Columbus, Ohio

43224, which is more particularly described in Attachment A.

23. A request for the sealingof this Affidavit and related documents is necessary in this matter.

As detailed above, there is an ongoing investigation into the illegal activities of an unknown

person or persons. Your Affiant is apprehensive that the subject of this investigation may

attempt to flee, or attempt to destroy the identification documents, if the details of this

investigation and search become known to persons associated with the investigation. The

occupants of 1328 Manchester Avenue, Columbus, Ohio 43224 appear to have no permanent

ties to the community, have made great efforts to conceal their true identity, andare likely to

elude ICE officers is given the opportunity.

Matthew J. Salmon

Deportation Officer

Immigration and Customs Enforcement

Sworn before me and subscribed in my presence on this laysj^a ofAugust 2017

HONO(BABLE mZA^H PRESTONDEAVERS

United States Magistrat^Judge

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ATTACHMENT A

1328 Manchester Avenue

Columbus, Ohio 43224

The physical description ofthe residence to be searched is as follows:

2-storyresidence on the northeastcomer ofManchesterAve and Ontario St.

2-story, residential structure with gray siding facing Manchester Avenue. The residence

to be se^ched has an entry glass door (on the porch) opening to the right (outward), with

a white interior doorthatalsoopens to theright into theresidence. There is a back door.

There is entry access through a side basement door by way ofsteps on the west side of

the structure.

There isaprivacy fence that appears to surrounding the back ofthe property.

There is a detached single-car garage outside ofthe privacy fence on the property.

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