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Murder suspect faces eventual deportation
By Joshua M. Rinaldi, Freeman staff
10/22/2006

THE MAN accused of killing Irma Vega Soto is unlikely to ever again breathe free air in the United States, regardless of how his criminal case turns out.
U.S. Immigration and Customs Enforcement has placed an "immigration detainer" on Juan Alberto Rodriguez Santos, 27, of 93 Prospect St., Kingston, meaning if he doesn't go to prison - or if he does and later is paroled - he'll be sent back to his native Mexico.

Michael Gilhooly, a spokesman for the federal agency, said the detainer requires the arresting authority - in this case, the town of Ulster Police Department - to notify immigration officials 30 days ahead of time if Santos is to be released.

"The local charges must be resolved," Gilhooly said. "Once those charges are resolved (through dismissal, acquittal or parole), we will take the individual into custody."

Ulster police allege Santos fatally stabbed Vega, 29, of 666 Broadway, Kingston, on Oct. 6 after she attempted to break up with him. Vega's body was found Oct. 8 in East Kingston; Santos was arrested the next day and charged with second-degree murder.

After Santos' arrest, authorities determined both he and Vega were in the country illegally from Mexico. Police also found four illegal aliens with Santos when they took him into custody.

Gilhooly said any law-enforcement agency can request the status of someone suspected of being in the country illegally. Town of Ulster police made the first inquiry about Santos' citizenship on Oct. 8, according to Immigration and Customs Enforcement records, Gilhooly said.

Santos was arrested in 2004 on misdemeanor menacing and weapons charges after Vega told Kingston police he had threatened to kill her. The charges were later dropped, however, at Vega's request.

Gilhooly said there was no police request about Santos' citizenship at the time of the 2004 arrest. Detective Lt. Timothy Matthews of the Kingston Police Department has said it's difficult to get immigration officials to deport someone on the basis of misdemeanor charges.

If convicted of second-degree murder, Santos could be sentenced to as much as 25 years to life in state prison. Gilhooly said immigration officials will take him into custody after he has served his time or if the prosecution is unsuccessful.

"Just the matter of him being an illegal alien, he is removable from the United States regardless of any criminal activity," Gilhooly said.