he was in removal proceedings. why were the removal proceedings taking so long? i do not, obviously, as of today have the results of that, but i will get that. >> reporter: off the record, federal sources say it's pretty clear what happened. the deportation process is so backlogged and overwhelmed that montano had essentially been allowed to stay on the streets for two whole years, waiting in line to be sent out of the country. the sisters who lost denise moser last sunday are more appalled at the political controversy than angry at montano, saying the benedictine sisters are dismayed and saddened that this tragedy has been politicized and become an apparent forum for the illegal immigration agenda. montano's lawyers could not be reached for comment on the charges, but his deportation now looks like a moot issue. the county prosecutor predicts he will spend a lot more time in jail before he ever sees his home country of bolivia again. joe johns, cnn, washington. >> some people are applauding the attorney general of the commonwealth of virginia for saying this week that police are