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Undocumented immigrant sentenced to 35 years in prison for violent rape, assault

Sergio Martinez and the NE Portland apartments where the first attack occurred (Mugshot courtesy Multnomah County Jail)

An undocumented immigrant who has been deported to Mexico 20 times has been sentenced to 35 years in prison for two violent assaults earlier this year.

Martinez sexually and physically assaulted a 65-year-old woman in NE Portland in the early morning hours of July 24, and then stole her car. Later that day, he assaulted a young woman at a NE Portland garage.

READ MORE: Woman was tied up with scarves, socks during violent attack

He faced robbery, kidnapping and assault charges in connection with the parking garage attack, as well as robbery, burglary, sodomy and sex abuse charges in the early morning attack.

According to ICE officials, Martinez was lodged at the Multnomah County Jail in early December 2016. He was placed under a specific immigration detainer that would have required jail officials notify ICE prior to his release. That way, ICE officers could take him into their custody.

He was in custody as of Dec. 7, 2016 and let out the next day by Multnomah County officials "without providing any notification to ICE," officials told KATU News in July.

Here's a full statement from an ICE official regarding Martinez:

Deportation officers with U.S. Immigration and Customs Enforcement (ICE) have lodged an immigration detainer against Mr. Martinez requesting that local authorities notify ICE prior to his release to enable ICE to take him into custody. Department of Homeland Security databases indicate Mr. Martinez is a serial immigration violator who has been removed from the United States no less than 13 times since 2008. Relevant databases also indicate Mr. Martinez has a lengthy criminal history spanning three states, that includes numerous prior convictions for crimes including felony attempted battery, felony burglary, and felony illegal re-entry after removal. ICE last encountered Mr. Martinez Dec. 7, 2016, at the Multnomah County Jail and lodged an immigration detainer against him at that time requesting that the agency be notified prior to his release. However, despite the detainer, local authorities released Mr. Martinez back into the community the following day without providing any notification to ICE.

ICE lodges immigration detainers when the agency possesses probable cause to believe an alien is deportable from the United States. Immigration detainers serve as a legally-authorized request, upon which a law enforcement agency may rely, to continue to maintain custody of an alien for up to 48 hours so that ICE may assume custody for removal purposes. Pursuant to ICE policy, all ICE detainers are submitted with an accompanying administrative arrest warrant or warrant of removal depending upon the circumstances of the individual case.

Additionally, depending on the alien’s criminal history, an alien who illegally reenters the United States, after having been previously removed, has committed a felony punishable by up to 20 years in federal prison.

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