Male charged with rape may face deportation
Published: Friday, September 28, 2012
Updated: Saturday, September 29, 2012 08:09
Francisco Naupa Rivera, arrested on charges of burglary and rape Sept. 14 in Oxford, may face removal proceedings from U.S. Immigration and Customs Enforcement (ICE) if he is convicted of current charges. Rivera is originally from Peru.
Oct. 28, 2011 Rivera was booked in Butler County Jail for theft and receiving stolen property. After appearing in court, Butler County Jail received a hold on Rivera by ICE. This required Butler County to hold Rivera in jail under federal charges, according to Lt. Nick Fisher, warden of the Butler County Jail.
After he was convicted in 2011 on charges of burglary and receiving stolen property, Rivera appeared before an immigration judge in Aug. 2012.
“An immigration judge granted him release from the 2011 removal proceedings. His status was subsequently adjusted to legal permanent residence,” Khaalid Walls, public information officer for ICE, said.
Legal permanent residency is given to foreign nationals to live permanently in the United States. If Rivera is convicted, he will be in violation of this residency status, according to Walls.
Before Rivera faces removal proceedings, he must first be convicted of the charges for the crimes that occurred in Oxford.
Sept. 14, Rivera was arrested by the Oxford Police Department (OPD) in connection with a burglary on East Spring Street and a burglary and rape on East Spring Street. He was charged by OPD for burglary, aggravated burglary and rape.
“During that evening he broke into at least five houses that we know of and was seen in a house as early as midnight, however, no one called police,” Sgt. Jon Varley of OPD said. “The next time we know of his movements was at about 3:30 a.m. when he entered the house on East Spring and then after leaving entered the house on East Collins [Street] where the rape occurred.”
The other burglaries that have not been disclosed are still under investigation, according to Varley.
“As a result of the current charges, if [Rivera] is convicted he will enter removal proceedings,” Walls said. “None of that will affect his current criminal case. That will be fully adjudicated before the removal case starts.”
Christina Lundin contributed to this report.