Javier Da Silva was in the United States illegally when he allegedly stuffed Valerie Reyes' body into a suitcase and dumped it in Greenwich, Connecticut, officials said.

Da Silva was living in Flushing, Queens, when he was arrested on Monday and charged in Reyes' death, federal prosecutors said. The 24-year-old is a citizen of Portugal, though, who had overstayed his visa, Immigration and Customs Enforcement said today.

Da Silva entered the United States on May 8, 2017, through Visa Waiver Program, but he failed to leave the country when he was supposed to, by Aug. 5, 2017, ICE said

The Visa Waiver Program allows people to travel to the United States for tourism or business for 90 days or less without obtaining a visa, according to the Department of State's website.

Da Silva appeared in White Plains federal court on Tuesday to face a charge of kidnapping resulting in death.

Once the criminal case is over, ICE will take custody of Da Silva and seek immediate removal from the country. The criminal case isn't over until after he serves any potential sentence, if he's found guilty.

He told New Rochelle police that he was with Reyes, a 24-year-old New Rochelle resident and ex-girlfriend, at her home on Jan. 29 when she fell and hit her head on the floor, after which he taped her mouth, tied up her feet and hands, and stuffed her into a suitcase that he left in the woods in Greenwich, according a complaint filed in White Plains federal court.

There were obvious signs of head trauma, including bruising around Reyes' face and a large hematoma on her forehead, according to the complaint. Evidence that helped identify Da Silva included a drawing that appeared to be Da Silva that was found in Reyes' home, and the use of her bank card around 5 a.m. on Jan. 29, according to the complaint.

Reyes was reported missing on Jan. 30 and found by a Greenwich highway crew on Feb. 5.

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Twitter: @MattSpillane