Oxford rape suspect would have been deported if not for jailhouse marriage

OXFORD, Ohio - Francisco Jairo Naupa Rivera, the suspect in the Sept. 14 rape of a Miami University student, was scheduled to be deported, but a jailhouse marriage in February allowed him to remain in the United States, according to information 9 News obtained this week.

Rivera's immigration attorney Paul Shonk confirmed to 9 News that he filed the paperwork in the Butler County Probate Court that paved the way for the marriage.

Rivera, 23, will stand before a judge Thursday in Oxford on several charges, including rape. He is alleged to have crept into the basement room of a Miami University student on Sept. 14 while she slept and raped her.

At Thursday's preliminary hearing Lt. Dan Umbstead of the Oxford Police recounted the alleged victim's description of what she remembered.

"She went to bed about 2:00 AM and then she experienced someone on top of her having sexual intercourse with her.  As she was waking up, trying to wrap her mind around what was taking place, she heard someone call, 'Police' whoever was on top of her immediately rolled off and left the room," said Umbstead.

Umbstead testified that Rivera adamantly denied any sexual contact with the alleged victim but changed his story when he was told that the woman was at the hospital undergoing a forensic examination.

"He insisted he was being super honest with me until I advised him that she was at the hospital having an examination to see if his DNA was 'on her person.'  He then said, 'OK we had sex,'" said Umbstead.

It was last November when Rivera, who claimed himself a native of Peru on Butler County Jail documents, was charged with theft and receiving stolen property. At that time, agents with Immigration and Customs Enforcement ordered Rivera held in the Butler County Jail pending removal proceedings.

Rivera, however, was married to a U.S. citizen in February while in jail and a judge with the Executive Office for Immigration Review, over the objection of I.C.E. attorneys, granted Rivera permanent residency status.

"It was an adversarial hearing," said Shonk who argued the case on behalf of Rivera.

"They had a longstanding relationship and the U.S. Citizenship and Immigration Services vetted the relationship and determined this was a bona fide marriage," Shonk added.

I.C.E. released the following statement:

Francisco Jairo Naupa Rivera is currently in local custody. ICE placed Rivera in removal proceedings in November 2011 following a conviction in state court. In August 2012, an immigration judge granted Rivera relief from removal proceedings and his status was adjusted to legal permanent residency. If convicted of the current charges, a detainer will then be placed and removal proceedings will be initiated against him.

Since Rivera's arrest on Sept. 14, he was charged with new crimes.

"Further investigation into the activities of Francisco Rivera the morning of Sept. 14, 2012, has led OPD detectives to file additional charges against Mr. Rivera," said Sgt. Jon Varley of the Oxford Police Department.

Varley told 9 News that Rivera faces two counts of criminal trespass, one count of burglary and one count of attempted theft.

"Detectives discovered that overall Mr. Rivera entered a total of five houses where Miami University students reside," Varley said.

Rivera has already been charged with burglary, aggravated burglary, and rape.

Probable cause was found at Thursday's preliminary hearing and the case is now bound over to a Butler County Grand Jury.

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