The man charged with raping a woman in front of passengers on a Philadelphia-area train was in the U.S. illegally on an expired student visa and was protected from deportation by the immigration system, according to a report.
Congolese national Fiston Ngoy, 35, had come to the U.S. legally in 2012 on a student visa, but his visa was terminated in 2015 because he was no longer a student, Fox News’ “Tucker Carlson Tonight” reported late Tuesday.
The report also cited court records showing that Mr. Ngoy pleaded guilty in 2017 in Washington, D.C., to a misdemeanor of sexual abuse and was sentenced to 120 days in prison and nine months of probation.
He was placed in immigration detention in January 2018. But he was never deported, due to a “withholding of removal” ruling from an immigration judge in March 2019 after the Board of Immigration Appeals found that his misdemeanor sex offense was not a “serious crime,” the report stated.
Because of that decision, Mr. Ngoy was released and only had to report into Immigration and Customs Enforcement under an order of supervision that typically involves regular check-ins, the show reported.
His court records included another misdemeanor conviction for a controlled substance and multiple other arrests.
Mr. Ngoy was arrested last week for allegedly raping a woman on a subway train in front of other passengers.
Philadelphia police said the attack lasted six minutes in front of bystanders who did not intervene and filmed the attack on their phones.
An off-duty subway worker called Transit Police officers who arrived three minutes later to interrupt the violent assault and arrest Mr. Ngoy.
“We want everyone to be angry, disgusted, and to join us in being resolute in keeping our system safe,” Transit Police Chief Thomas Nestel III said at a news conference.