The father of a Maryland teen accused of rape has been arrested for residing in the U.S. illegally

The father of a high school student accused of raping a schoolmate was arrested and ordered to appear in immigration court, according to an ICE spokesperson.

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Adolfo Sanchez-Reyes, a 43-year-old from Guatemala, was arrested after it was discovered he was in the United States illegally, according to a statement from U.S. Immigration and Customs Enforcement. Sanchez-Reyes’ son, 18-year-old Henry Sanchez-Milian, is accused of raping another student on March 16 in a Rockville, Maryland High School bathroom.

According to CNN, Henry Sanchez-Milan and 17-year-old classmate Jose Montano are being charged as adults with first-degree rape and two counts each of committing a first-degree sexual offense, according to Montgomery County Police.

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According to an ICE spokesperson, Henry Sanchez-Milan is also an undocumented immigrant. Montano’s attorney told CNN on Tuesday that her client is undocumented and living in the the U.S. under “special immigrant juveniles status.” According to ICE, that status exists for “abused, abandoned or neglected” children. Montano is from El Salvador.

The attorney, Maria Mena, said she has evidence — text messages between her client and the alleged victim — that show the encounter “was consensual and that this was not a rape.”

“All of the indications of the language used is that it was consensual and planned,” Mena said. She also claimed that “compromising images” were supposedly sent by the alleged victim to Montano.

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Andrew Jezic, the attorney for Henry Sanchez-Milan and his father, told CNN earlier this month that Sanchez-Milian will plead not guilty because “this was a pre-planned, consensual and non-forcible encounter.” He said he believes his client will be acquitted in a jury trial and plans to claim asylum for Henry Sanchez-Milian following the criminal proceedings.

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