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Local county sues the feds in illegal immigrant case

Thursday - 3/3/2011, 10:59am  ET

Carlos Montano
Carlos Montano (Courtesy of Prince William Co. Police)
Hank Silverberg,

WASHINGTON - A local county has filed a lawsuit over an illegal immigrant charged with killing a nun.

Prince William County filed the federal suit against the Department of Homeland Security to try and get the agency to turn over records on Carlos Montano.

Montano, of Bolivia, is the illegal immigrant charged with killing a nun while driving drunk last summer. His car hit another car carrying three nuns. Sister Denise Mosier was killed and the two others were critically injured.

County officials filed the lawsuit after unsuccessfully trying to get the records on Montano through a Freedom of Information Act request. County Board Chairman Corey Stewart says the DHS "stonewalled" the county and eventually did not respond.

They are looking for any communication between Montano and DHS prior to his arrest for killing the nun, Stewart says.

The case sparked controversy because Montano was awaiting deportation at the time of his accident. He had two DUI convictions prior to the crash in August. He has yet to be tried.

Stewart says they may file an additional suit later to get information on other illegal immigrants released back into the county.

A spokesman for DHS says they do not comment on pending litigation.

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