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Spokane, Washington  Est. May 19, 1883

ICE arrests Spokane foreign exchange student trying to leave the country

In this photo taken Feb. 7, 2017, released by U.S. Immigration and Customs Enforcement, an arrest is made during a targeted enforcement operation conducted by U.S. Immigration and Customs Enforcement (ICE) aimed at immigration fugitives, re-entrants and at-large criminal aliens in Los Angeles. (Charles Reed / AP)

A high school exchange student from Germany who was charged with a crime during his stay in Spokane was arrested by Immigration and Customs Enforcement last month as he attempted to leave the country.

Sebastian Bruehl, 18, was charged with third-degree rape in early March after he was accused of sexually assaulting a fellow high school student at a party where everyone, including both Bruehl and the victim, had been drinking.

Attorney Tim Note, who handled Bruehl’s case, said his J-1 visa was pulled after his arrest and expulsion from Spokane Public Schools, but he was ordered by a Spokane County judge not to leave the county. “He was stuck between the proverbial rock and a hard place,” Note said.

After tests did not show the presence of Bruehl’s DNA on the victim, he pleaded guilty to fourth-degree assault with a sexual motivation. He was sentenced to a day in jail and two years probation. He also agreed not to return to Washington state for two years, Note said.

The plea was on July 13, but Bruehl had to submit a sample of his DNA, which the Spokane County Jail only does on Mondays, Note said. He gave his sample on July 17 and had a plane ticket home on July 18.

He was at the Spokane International Airport when he was arrested so ICE could begin deportation procedures, Note said.

“At his first opportunity he was trying to get on a plane and go home,” he said. “Because he wants to go home that makes him a flight risk, so they’ll probably deny him bond. It’s funny, but it’s also maddening and insane.”

Having someone in Bruehl’s situation arrested is unusual, said Note, who consulted with Bruehl’s immigration attorney. “This is the first time he’s seen this specific set of facts,” he said. “It’s basically the ‘You can’t quit, you’re fired’ scenario.”

Bruehl was scheduled to have a bond hearing on Thursday, but a different hearing was quickly held on Monday. During that hearing a judge ruled that Bruehl could return home voluntarily.

“However, ICE isn’t able to get him out of the country until August 15,” Note said. “So he’s just sitting there, languishing in jail.”

Note said Bruehl and his family are upset about the delay, particularly since he’s set to begin his senior year of high school in Germany on Aug. 14. Still, they recognize that the process could have gone a lot differently.

“In the scheme of how ICE works, it’s light speed,” Note said. “They were able to really fast track this.”

Note said he’s baffled as to why ICE would spend time and resources detaining Bruehl when he and they both wanted the same thing, for Bruehl to leave the country.

An ICE spokeswoman did not respond to repeated requests for comment this week.