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Bylly Xilox Aquino, 25, remained held in the Bergen County Jail on Wednesday, May 1, on a detainer filed by ICE.
Aquino, who's married, has been on Anderson Avenue just off Kamena Street, records show.
Fairview police seized him after a woman said he held her down on a bed, then raped and sodomized her in the presence of a child, according to a complaint on file in Superior Court in Hackensack.
The woman required medical attention after complaining of pain, the complaint says.
Members of the Bergen County Prosecutor’s Office Special Victims Unit took it from there.
They charged Aquino with sexual assault and two counts of child endangerment through sexual conduct based on a hospital evaluation and statements from him and the victim, among other evidence, the complaint says.
Aquino was scheduled for a May 8 first appearance in Central Judicial Processing Court in Hackensack. Whether he makes it there is an open question.
U.S. Immigration and Customs Enforcement files detainers whenever immigrants suspected of living illegally in New Jersey are jailed.
If a local judge in Hackensack orders Aquino's release for some reason -- say, under bail reform -- ICE has requested 48-hour notice so that immigration agents can bring him to Newark before that can happen.
A federal immigration judge will at some point hold a hearing there to determine whether Aquino should be deported – and if so, whether it's before or after he's prosecuted in Bergen County.
Bergen County Sheriff Anthony Cureton has honored all detainer requests for defendants who've been charged with or convicted of felonies.
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