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Washington

CNN

David DePape, the man accused of violently attacking Paul Pelosi last week, was in the United States illegally and could face deportation, the Department of Homeland Security said late Wednesday.

“U.S. Immigration and Customs Enforcement (ICE) sent Canadian national David DePape into immigration custody at the San Francisco County Jail on November 1 following his arrest on October 28,” the department said.

ICE issues so-called immigration “detainers” to federal, state and local law enforcement agencies to notify them that the agency intends to take custody of an individual and requires that ICE be notified before the person is released.

DePape’s case is unlikely to be affected by the detainer because deportations often occur after criminal cases are resolved. But after a conviction and prison sentence, the US would usually seek deportation.

According to federal records, DePape, a Canadian citizen, entered the country on March 8, 2008, at the San Ysidro port of entry, located along the California-Mexico border, as a temporary visitor. Generally, Canadians visiting for business or pleasure do not need a visa and are allowed to stay in the US for six months.

DePape, 42, has been charged with a string of crimes, including assault, attempted murder and attempted kidnapping, following the burglary of Pelosi’s San Francisco home last week, the US attorney’s office and the San Francisco district attorney announced Monday.

He was charged with one count of “attempted kidnapping of a U.S. official,” according to the U.S. Attorney’s office for the Northern District of California. That charge involves Nancy Pelosi, who DePape told police he planned to “hold hostage,” according to an FBI affidavit also unsealed Monday.

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