KANSAS CITY, Kan. (AP) — The father of one of five people allegedly killed by a Mexican national who was in the country illegally is suing federal immigration authorities.

The lawsuit filed Monday in Kansas City, Kansas, claims Immigration and Customs Enforcement agents had two chances to detain and deport 42-year-old Pablo Serrano-Vitorino before March 2016, when four men were killed in Kansas and one in Missouri.

Serrano-Vitorino is charged with five counts of first-degree murder in the deaths. The lawsuit was filed by the father of Austin Harter, one of the men killed.

The lawsuit says ICE didn’t follow proper procedures, allowing Serrano-Vitorino to be released from jail twice before March 2016.

A spokesman for ICE said Tuesday the agency doesn’t comment on pending litigation.