Man Accused in Baby Killing Previously Arrested by Border Patrol

Man Accused in Baby Killing Previously Arrested by Border Patrol

POSTED: Wednesday, September 12, 2012 - 9:39am

UPDATED: Thursday, September 13, 2012 - 9:21am

EL PASO -- We are  learning more about the criminal history of the man accused of killing an 11-month old baby.

News Channel 9 has confirmed that Irving Aaron Gomez was arrested as a 16 year old by the Border Patrol.

A spokesperson for ICE said Gomez was arrested by the Border Patrol in may 2008 and was given a notice to appear before a federal immigration judge.

As we've reported, Gomez is charged with capital murder in the death of 11-month-old Nevaeh Martinez.

We are still asking questions as to when Gomez appeared before the federal judge and why he was not deported.

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He may not have appeared before the immigration judge and chose to remain in the U.S. illegally. If he did appear for a hearing as ordered, he would have more than likely been granted a voluntary return. The government in most cases will not formally deport a 16-year-old who sneaks across the border. It's not worth the time and resources. But in either case, a deportation would not have kept him from sneaking back anymore than a voluntary return.

So much for the dreamer act. We are still getting the criminal elements of illegal immigration.

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