Sex-crime charge comes after release from Immigration

By NICK WERNER
March 18, 2011

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MUNCIE -- When Juan Blanco Torres was arrested on a sex-related crime this month, law enforcement authorities were confused as to how and why Torres was back in town.
Torres had been arrested in Muncie in January on a theft charge. Delaware County Jail officials notified Immigration and Customs Enforcement of Torres's arrest because the 19-year-old Mexican native is not a U.S. citizen.
Believing Torres to be eligible for deportation, ICE issued a "detainer" on Torres, meaning that upon his release from the Delaware County Jail, he should be handed over to ICE.
That happened on Feb. 16, when an ICE agent took him into custody.
But by March 2, the teenager was not only back in town, he was allegedly having sex with a 14-year-old girl.
Torres was with the alleged victim when police arrested him on charges of sexual misconduct with a minor, a Class C felony carrying a standard prison sentence of four years.
The investigation into Torres's sexual relationship with the minor actually began in December, though authorities at that time had little information on Torres.
The arresting officer, Muncie Police Sgt. Linda Cook, said she did not know how Torres had gained his freedom and returned to town.
"Unless it was overcrowding," Cook said.
Turns out Cook was on the right track.
ICE spokeswoman Gail Montenegro told The Star Press this week that Torres was issued a notice to appear before a federal immigration judge and released from custody pending his immigration court hearing.
Torres, Montenegro said, had no criminal convictions.
"With limited resources, ICE prioritizes our available detention space for the following priority aliens: convicted criminal aliens, fugitives with outstanding deportation orders, and illegal aliens who illegally re-enter the United States after having been deported."
Torres remains in the Delaware County Jail under a $40,000 bond awaiting trial on the sexual misconduct charge. He also has another immigration detainer on him.

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