A Honduran national arrested on charges of incest and sexual battery earlier this year is now in U.S. Immigration and Customs Enforcement (ICE) custody after being released from a Virginia jail that failed to honor an immigration detainer.

According to ICE, Marvin Mateo-Alberto, who entered the U.S. illegally in 2005 near Eagle Pass, Texas, was ordered removed by a Justice Department immigration judge in 2006. Despite that order, Mateo-Alberto remained in the country and was arrested in January by the Herndon Police Department. He was charged with incest and aggravated sexual battery involving a 13- to 17-year-old child.

Following his arrest, ICE lodged a detainer with the Fairfax County Adult Detention Center. However, the detention center released Mateo-Alberto 15 days later without notifying ICE.

Although Fairfax County’s website states it complies with criminal law enforcement requests as required by law, it also specifies that the county “does not and will not enforce civil federal immigration laws,” citing federal court rulings that civil immigration enforcement is under ICE’s exclusive authority.

Mateo-Alberto was later apprehended by ICE, the State Department’s Diplomatic Security team, the Bureau of Alcohol, Tobacco, and Firearms, and Virginia State Police on April 10. He remains in ICE custody.

“Marvin Mateo-Alberto stands accused of some very appalling and disturbing crimes and represents a threat to the children of our Virginia communities,” said Russell Hott, Director of ICE Enforcement and Removal Operations Washington, D.C. “We cannot in good conscience allow Mr. Mateo to continue to potentially threaten other children in our neighborhoods.”