County Jail Disregards ICE Detainer, Releases Illegal Immigrant Charged with Rape, ICE Says
A county jail in Maryland reportedly released an illegal immigrant charged with rape last week, despite an official request that the man remain in custody to be turned over to federal agents.
Rodrigo Castro-Montejo, 25, was arrested on Aug. 10 and charged with second-degree rape and second-degree assault, according to WJLA-TV.
Reports indicate that despite knowledge of Castro-Montejo’s immigration status, and an official detainer, Montgomery County Detention Center released the accused on bond last week.
Immigration and Customs Enforcement officials say they had filed on Aug. 12 for the jail to hold the accused for 48 hours but the request was disregarded less than 24 hours later, Fox News reported.
The county, however, suggests they had attempted to make contact with a local department official with regard to the detainer but did not receive a response.
NEW: @ICEgov accuses Montgomery County, Md. of releasing an undocumented immigrant accused of rape from jail despite a detainer on file.
Rodrigo Castro-Montejo allegedly raped an intoxicated woman last week. The 25yo Salvadoran national posted $1,000 for his release, docs show. pic.twitter.com/WKl7ylTET7
— Kevin Lewis (@ABC7Kevin) August 19, 2019
Castro-Montejo, a Salvadoran national residing illegally in Orlando, Florida, had been in Maryland for a wedding and the alleged victim, an old friend, had agreed to meet him and catch up.
The two spent the evening in each other’s company and consumed a series of alcoholic beverages before the unnamed victim blacked out, according to court documents procured by WJLA.
The victim’s memory from that point forward consists of vomiting by the hotel elevator and coming to while she was being raped by Castro-Montejo. The victim allegedly departed alone, immediately reporting the incident and submitting to forensic examination at Shady Grove Adventist Hospital.
MORE: According to police, Castro-Montejo raped a female friend after a night of heavy drinking.
The victim texted Castro-Montejo from the hospital, asking if he stopped at touching or engaged in sexual intercourse.
“Oo a little bit of both to be honest,” he allegedly replied. pic.twitter.com/InNW4R26XC
— Kevin Lewis (@ABC7Kevin) August 19, 2019
During a monitored, text message conversation conducted from the hospital, Castro-Montejo allegedly admitted to the crime, telling the victim, “I’m sorry too for what happen.”
When asked if he had halted his advances with sexual touching or proceeded with penetrative intercourse, Castro-Montejo reportedly wrote, “Oo a little bit of both to be honest” and apologized again in hopes that the incident wouldn’t “ruin” the pair’s friendship.
According to ICE, Montgomery County Department of Correction and Rehabilitation had reached out to just one — reportedly “off duty” — employee before disregarding the order. The department suggests a “good faith” effort was not made, and that this may have been a deliberate attempt to undermine its detainer, which described several means of contact.
WTTG reported Montgomery County has been a self-described “sanctuary” county since July when Democratic County Executive Mark Elrich signed an order that no county agency comply cooperate in federal immigration efforts.
And this is not the first time the county has failed to play nice with immigration officials.
In April, the same jailers disregarded a similar detainer, releasing an illegal immigrant charged with stealing a semi-automatic AR-15 rifle, a shotgun and ammunition from an unmarked police car and bringing one of the firearms to a public high school.
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