Man accused of raping woman on crowded train was released from immigration detention, never deported

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EXCLUSIVE: The man who allegedly raped a woman in front of passengers on a Philadelphia area-train already has a criminal record and had overstayed his student visa – but was protected from deportation by the immigration system.

Tucker Carlson Tonight has confirmed that Fiston Ngoy, who was arrested last week for allegedly raping the woman in a brutal attack on a SEPTA train in front of other passengers, came to the U.S. legally in 2012 on a student visa.

WOMAN RAPED ON TRAIN AS BYSTANDERS DID NOTHING, POLICE SAY

However, the 35-year-old Congolese national's visa was terminated in 2015 because he failed to remain a student. 

Meanwhile, court records show that he racked up "multiple arrests and two misdemeanor convictions, one for controlled substances and one for sexual abuse." Ngoy pled guilty in 2017 in Washington D.C. to the sexual abuse misdemeanor and was sentenced to 120 days in prison and nine months probation.

He was put in immigration detention in Jan. 2018. However, he was never deported because he received a "withholding of removal" from an immigration judge in March 2019 after the Board of Immigration Appeals found that his misdemeanor sex offense was not a "serious crime" that would have made him ineligible for such a stay.

As a result, Ngoy was released and only had to report into Immigration and Customs Enforcement (ICE) under an order of supervision (OSUP). The Department of Homeland Security says OSUPs involve conditions being placed on those who have been temporarily released from custody, typically involving regular check ins.

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Police in Philadelphia said on Monday that the attack on the train lasted six minutes in front of bystanders who did nothing and took out their phones to film. The only person to call 911 was an off-duty SEPTA employee, who called Transit Police officers -- who arrived three minutes later to interrupt the violent assault and arrest the man.

"We want everyone to be angry, disgusted, and to join us in being resolute in keeping our system safe," Transit Police Chief Thomas Nestel III said at a news conference, according to The Philadelphia Inquirer.