El Paso — A man accused of killing an 11 month-old baby is no stranger to law enforcement. News Channel 9 has confirmed that 21 year-old Irving Aaron Gomez was arrested as a 16-year-old by Border Patrol. A spokesperson for ICE says he was apprehended in May of 2008 and was given a notice to appear before a federal immigration judge. Gomez is charged with capital murder in the death of 11-month-old Neveah Martinez. Authorities say he stuck his hand down the baby's throat and blocked her airway. It's still unclear why Gomez was never deported after being arrested in 2008.