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By Kyla Galer | Posted: Thu 10:12 PM, Dec 22, 2016 | Updated: Fri 6:31 AM, Dec 23, 2016

COLORADO SPRINGS, Colo (KKTV) - The landlord allegedly caught on camera having sex in his tenant's bed is not a legal resident of the United States.

Carlos Quijada was scheduled to be in court Thursday, but didn't show up because he's still in U.S. Immigration and Customs Enforcement (ICE) custody. An El Paso County judge still signed a warrant for his arrest for not appearing. ICE didn't notify the courts that they had Quijada in custody.

ICE says they're looking into the breakdown in communication.

11 News first shared the story of the "naughty landlord" in November before the video went viral.

11 News learned of Quijada's immigration hold soon after he was arrested for trespassing. Immigration officials have Quijada in custody in Denver.