ERO New York City arrests Ecuadoran noncitizen convicted of criminal possession of a firearm

NEW YORK - Enforcement and Removal Operations New York City arrested an unlawfully present citizen of Ecuador Oct. 3 who was convicted by the Kings County Supreme Court of criminal possession of a weapon and sentenced to conditional discharge.

Fugitive Operations officers arrested the 42-year-old noncitizen in Brooklyn pursuant to warrant of removal and transferred him to ERO New York City for processing. The noncitizen remains in custody, without bond, pending removal to Ecuador.

"Once again, sanctuary policies prevented local authorities from notifying ERO prior to releasing a federally wanted individual from custody, especially in the case of this particular individual who, after all due process, was ordered removed from the United States by a federal immigration judge," said Field Office Director Kenneth Genalo. "Despite the lack of cooperation, ERO New York City continues to utilize all of its resources to protect New Yorkers from noncitizens who become a threat to public safety."

On or about Dec. 14, 2013, the Ecuadoran citizen unlawfully entered the United States near Eagle Pass, Texas, without inspection, admission or parole by an immigration official and was arrested by the U.S. Border Patrol for the crime of illegal entry.

On Dec. 17, 2013, the Del Rio Division of the U.S. District Court for the Western District of Texas convicted him of illegal entry and sentenced him to 10 days of incarceration. He was turned over to ERO and placed in removal proceedings.

On March 26, 2019, an immigration judge in San Antonio, Texas, ordered the noncitizen removed in absentia from the United States to Ecuador.

On November 28, 2020, the New York City Police Department arrested the noncitizen for driving while intoxicated, but the charges were dismissed.

On the same date, ERO New York City lodged an immigration detainer with NYPD Queens Central Booking. The detainer was not honored and he was released back into the community without notification to ERO.

On Feb. 15, 2023, the NYPD arrested the noncitizen for second degree assault, but the charges were dismissed.

The NYPD arrested the noncitizen June 11, 2023, for criminal possession of a weapon-loaded firearm. The Kings County Supreme Court convicted the noncitizen of that charge June 6, 2024, and sentenced him to conditional discharge.

Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved - ERO personnel, law enforcement officials, removable noncitizens and the public - by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Because detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

Noncitizens placed into removal proceedings receive their legal due process from federal immigration judges in the immigration courts, which are administered by the Executive Office for Immigration Review. The Executive Office for Immigration Review is an agency within the U.S. Department of Justice and is separate from the Department of Homeland Security and U.S. Immigration and Customs Enforcement. Immigration judges in these courts make decisions based on the merits of each individual case. ERO officers carry out the removal decisions made by the federal immigration judges.

ERO uses intelligence driven operations that target public safety threats, such as convicted criminal noncitizens and gang members, who have violated our nation's immigration laws, including those who illegally reenter the country after being removed and immigration fugitives ordered removed by federal immigration judges. ERO officers prioritize enforcement actions in accordance with the Guidelines for the Enforcement of Civil Immigration Law issued by DHS Secretary Alejandro N. Mayorkas on Sept. 30, 2021, and reinstituted on June 28 - obtaining and reviewing entire criminal and administrative records and any other investigative information available, when taking decisive law enforcement actions.

Members of the public can report crimes and suspicious activity by dialing 866-347-2423 or completing ICE's online tip form.

Learn more about ERO New York City's mission to preserve public safety on X, formerly known as Twitter, at @ERONewYork.

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