From Fox News:
Court records show Fiston Ngoy already had a criminal record
By Alex Pfeiffer, Adam Shaw | Fox News
EXCLUSIVE: The man who allegedly raped a woman in front of passengers on a Philadelphia area-train already has a criminal record and had overstayed his student visa – but was protected from deportation by the immigration system.
Tucker Carlson Tonight has confirmed that Fiston Ngoy, who was arrested last week for allegedly raping the woman in a brutal attack on a SEPTA train in front of other passengers, came to the U.S. legally in 2012 on a student visa.
However, the 35-year-old Congolese national’s visa was terminated in 2015 because he failed to remain a student.
But, hey, that was only six years ago.
Meanwhile, court records show that he racked up “multiple arrests and two misdemeanor convictions, one for controlled substances and one for sexual abuse.” Ngoy pled guilty in 2017 in Washington D.C. to the sexual abuse misdemeanor and was sentenced to 120 days in prison and nine months probation.
He was put in immigration detention in Jan. 2018. However, he was never deported because he received a “withholding of removal” from an immigration judge in March 2019 after the Board of Immigration Appeals found that his misdemeanor sex offense was not a “serious crime” that would have made him ineligible for such a stay.
As a result, Ngoy was released and only had to report into Immigration and Customs Enforcement (ICE) under an order of supervision (OSUP). OSUPs involve conditions being placed on those who have been temporarily released from custody until they are able to be deported, typically involving regular check ins.
An obvious problem is that the U.S. government treats deportation as the final, ultimate, irreversible step, like execution, so deportation proceedings, like death penalty appeals, get dragged out forever, since deportation can’t possibly be rescinded if any mistake has been made. Except … that’s not true.
We could just change the order of events around: you illegally overstay your visa and then get imprisoned for a sex crime? Well, when you get out of jail you are immediately put on a flight back to your home country. You are then free to file all the appeals you are entitled to from back home. And, in the unlikely event that it turns out you shouldn’t have been deported for some reason, you are then free to come back to the U.S. Heck, we’ll send you a ticket.
But you don’t get to hang around in the U.S. filing appeals for why you shouldn’t be deported for your sex crime and committing more sex crimes.
Does this make sense?