The illegal immigrant teen in the Rockville rape case was picked up by ICE Monday after he appeared in court for child pornography charges.

Last week, prosecutors dropped all sexual assault charges against Jose Montano, 17, and Henry Sanchez Milian, 18, who were accused of raping a 14-year-old classmate in their high school bathroom.

“The facts of this case do not support the original charges filed,” Montgomery County State’s Attorney John McCarthy said Friday.

However, Montano faced additional charges related to child pornography because he had nude photos of the girl on his cell phone. He appeared in court for those charges Monday, and was released from custody but ordered to wear an anklet monitor and stay at home unless attending school or court proceedings, reports The Washington Post.

After the hearing, Immigration and Customs Enforcement agents took Montano into custody, suggesting that they will pursue a deportation case against him.

Matthew Bourke, a spokesperson for ICE, declined to comment on Montano’s case because he is a minor. however, he told The Daily Caller last week that ICE still has an active immigration detainer against Henry Sanchez Milian from March 17.

Jose Canto, Montano’s immigration attorney, said he will try to get Montano released on bond and get him “back home with his family.”

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