ROCKVILLE, Md. (AP) - Immigration officials have arrested the driver who fatally struck and killed an FBI[1] agent and a fire marshal last year in Maryland.

Roberto Garza Palacios was taken into custody Thursday at his home in Gaithersburg. A spokeswoman for Immigration and Customs Enforcement told The Washington Post that the 28-year-old native of Guatemala was “unlawfully present” in the U.S. He was charged with overstaying and violating terms of a work visa that expired in 2009.

Maryland State Police charged Garza Palacios with negligent driving.

Deputy Chief State Fire Marshal Sander Cohen and FBI[2] Special Agent Carlos Wolff were killed when Garza Palacios plowed into them as they stood on the shoulder of Interstate 270.

Cohen had stopped to help Wolff after he crashed into a median after reaching for his cellphone.

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