Ryan Tincher, a Homeland Security Investigations (HSI) special agent under Immigration and Customs Enforcement, said in an affidavit that Alvarenga violated Title 8, Section 1326(a) of U.S. Code regarding illegal aliens found in the U.S. after deportation.
Tincher’s affidavit, filed in U.S. District Court for Southern Ohio, says that HSI agents in Cincinnati learned from a Border Patrol intelligence agent on Feb. 26 that despite an August 2012 deportation, Alvarenga was living at the Perry Street address in New Lebanon with his wife, April Alvarenga.
Alvarenga was the subject of an Interpol “Red Notice” indicating that he is a fugitive from El Salvador for the crime of homicide, according to the affidavit.
The attorneys listed for Alvarenga in the court filing did not comment Thursday when reached by the Dayton Daily News.
Federal agents said they watched the Perry Street house on Feb. 26, confirming Alvarenga’s presence, and spoke with New Lebanon police about a Dec. 12 call for service at the house, during which police said Alvarenga was present.
Tincher said he confirmed via Homeland Security databases that Alvarenga had not lawfully re-entered the U.S. since his 2012 deportation, leading to the March 3 arrest.
U.S. Magistrate Judge Caroline Gentry ruled that detention was warranted pending trial, after Alvarenga, through his attorney, waived the detention hearing in open court.
Court records show Alvarenga waived his preliminary hearing and was bound over to the grand jury and remanded to a U.S. Marshal on March 6. The case was unsealed March 10, the most recent action on the docket.
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