| NYC Council
Staffer from Venezuela Detained
by ICE Filed Habeas Now Hearing
Is Feb 26
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
Feb 18 รข€“ A man from Venezuela
was detained by ICE at his
appointment with the Asylum
Office in Bethpage, New York
on January 12. Later that day
the NY Legal Assistance Group
filed a habeas corpus petition
in the U.S. District Court for
the Southern District of New
York, where Inner City Press
found it. The
petition says that R.A.R.B.
was granted Temporary
Protected Status and has no
criminal record. While not in
the ICE Detainee Locator, "it
is the Respondents' practice
to hold detainees in this
posture at 26 Federal
Plaza." It says he is
"engaged in supporting his
community as an employee of
the NYC Council, where he has
worked since 2025." The petition, as
of the evening of January 12,
had yet to be assigned out to
a District Judge. On January 13 it
was assigned to Judge John P.
Cronan, who set a January 16
hearing, at noon. Later on January
13 NYLAG wrote in that it had
"been unable to speak with Mr.
R.A.R.B. despite diligent
efforts to request
attorney-client phone calls." On January 14
Judge Cronan adjourned the
January 16 hearing and set a
schedule. On February 4 the
US Attorney's Office filed
papers including a February 2
denial of bond to Rafael
Andrew Rubio Bohorquez by
Immigration Judge Charles
Conroy. A declaration says he
was arrested in Queens on
March 29, 2023 and charged
with Assault and harassment
but the charges were dropped
and the arrest record sealed. On February 6 NYC
Corporation Counsel Muriel
Goode-Trufant filed a proposed
14 page amicus brief, arguing
among other things that "today
Mr. Rubio is employed by the
City Council, where he works
as a Data Analyst and
Compliance Associate in the
Personnel Services Division..
he 'goes the extra mile.'" On February 12
Judge Cronan set a hearing: "
ORDER: Counsel for all parties
are ordered to appear before
the undersigned for a hearing
on February 20, 2026." But on February
18, it was moved to Feb 26:
"The hearing scheduled for
February 20, 2026 is adjourned
until February 26, 2026, at
9:00 a.m. By February 23,
2026, the parties shall submit
a letter addressing (1)
whether Petitioner's Temporary
Protected Status ("TPS") has
been confirmed or withdrawn in
2025 or 2026, including if any
documentation reflects that
status, and (2) whether there
is evidence showing that any
withdrawal or expiration of
Petitioner's TPS was due
solely to Venezuela's
designation, as opposed to
other factors ." The case is still called R.A.R.B. v. Francis, et al., 1:26-cv-264 (Cronan)
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