According to a recent news update, the man who allegedly raped a woman in front of other train passengers in the Philadelphia area, has a previous criminal record and was found to be an immigrant who overstayed in the country on his student visa- however, he was protected from being deported by the immigration system of the U.S.

The news sources confirmed that Fiston Ngoy was detained and arrested by cops last week for reportedly raping the woman on the train that was considered as a brutal attack in front of other passengers, came to the U.S. on a student visa legally back in 2012.

But the case went differently when the student visa of the 35-year-old got canceled in 2015 as he failed to remain a student.

Meanwhile, the records presented in the court showed that he has a previous criminal record with “multiple arrests along with two misdemeanor convictions, one for controlled substances and one for sexual abuse.” He also pleaded guilty in 2017 in Washington D.C. in the case of sexual abuse and was sentenced to 120 days of imprisonment along with 9 months probation.

It was also reported that Ngoy was put in immigration detention in the year 2018, but he was never deported back to his home country because he received a “withholding of removal” from the judge in 2019. After that, it was found by the Board of Immigration Appeals that his sex offense was not serious enough to make him ineligible for the stay in the U.S.

As a consequence, Ngoy was released from the case and was then supposed to report to the Immigration and Customs Enforcement (ICE) under the supervision of OSUP.

It was further highlighted by The Department of Homeland Security that stays are mainly granted because the officials can gather necessary documents to deport the immigrant.

“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, according to The Philadelphia Inquirer.