Slain boy's father arrested on an unrelated charge
Aguilar being held in Lexington jail

César Aguilar, the father of the 4-year-old boy whose body was found in a garbage truck last month, was arrested yesterday in Lexington on charges unrelated to his son's death.

Aguilar is being held at the Lexington-Fayette County Detention Center on possession of a forged instrument, a class D felony, and several traffic violations.

Federal immigration authorities also placed a hold on Aguilar at the jail, according to jail records.

Aguilar's son, César Ivan Aguilar-Cano, disappeared June 29 while playing behind his apartment building near Churchill Downs. His body was found July 7.

Ivan's body will be returned to Santa Rosa, Guatemala, for burial.

It was not immediately clear what impact the arrest will have on César Aguilar leaving the country for his son's burial.

Aguilar was booked into the jail under the name Carlos Contreras-Salazar. Family members say his birth name was César Aguilar, said Christopher 2X, a community activist and spokesman for the family.

Aguilar is scheduled to be arraigned on the charges at 12:30 p.m. today.

Lexington Police pulled him over about noon yesterday at New Circle and Leestown roads. Police found he was driving without a license, insurance or current registration plates, according to jail records.

His vehicle also had no windshield wipers, which carries a charge of driving with obstructed vision.

Ivan's mother, Rosalina Cano, an illegal immigrant, has an outstanding deportation order issued by an immigration judge in 1996. The boy's father told The Courier-Journal he was an illegal immigrant.

Ivan's mother and father are awaiting a response from U.S. Immigration and Customs Enforcement on their application for significant public benefit parole, which would allow them back into the United States after their son's burial regardless of their legal status because police feel they are important to the murder investigation.

Louisville Metro Police have certified the application, a requirement for the parole.

The family has expressed reservations about leaving the United States if the parole is denied.

In an interview shortly after she learned of the charges, Rosalina Cano said she was not sure how they would affect her husband's ability to attend the burial or re-enter the country.

César Aguilar was looking forward to attending a charity event for the family on Sunday at Derby Park Expo Five on Seventh Street Road, 2X said.

Reporter Charlie White can be reached at (502) 582-4653. Reporter James Wagner contributed to this story.

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