Christopher Puente, 34, is accused of sexually assaulting the girl at the restaurant on 600 N. Clark St. in the River North area of the city at around 8am on February 19.
The alleged attack happened while the girl's father was in another stall with her brother, who had had an accident in the restaurant.
However ICE had requested that police continue detaining the previously deported felon - who had convictions for forced-entry burglary and forgery.
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