Metropolis Council Speaker Julie Menins says she’s going to proceed to battle for the liberty of Rafael Rubio, a staffer detained by ICE earlier this yr.
Picture by Lloyd Mitchell
Metropolis Council Speaker Julie Menin pledged on Wednesday to battle the deportation of a staffer detained earlier this yr.
In response to Menin, U.S. District Courtroom Choose John Cornan ordered Rafael Rubio, a knowledge analyst, faraway from the nation at a March 18 listening to. Rubio has been in detention since he was arrested at a routine immigration listening to in Bethpage, LI, on Jan. 12.
“We are outraged and will continue to pursue every legal avenue to secure his release and ensure his case is properly heard on appeal,” Menin mentioned.
Menin beforehand said that Rubio was within the nation legally and had permission to stay within the states till October, however was detained anyway. He additionally cleared all background checks to work for the town.
Then-DHS Assistant Secretary for Public Affairs Tricia McLaughlin, who later stepped down from her function as public help for the immigration crackdown waned, claimed in January that Rubio had a earlier arrest for an assault and had overstayed his visa issued again in 2017.
At a Feb. 26 court docket listening to, Choose Cronan disputed Rubio’s lawyer’s arguments that his consumer had protected standing to stay within the U.S. due to his non permanent protected standing software, which the Trump administration had stripped from Venezuelans final yr. The decide instructed Rubio and his lawyer that the applying didn’t “grant you any immigration protections,” nor did it “show your case is pending.”
Regardless of the court docket’s order for Rubio’s removing, Menin said that she’s going to proceed to problem his detention and demanded that he be launched.
“Today’s ruling appears to hinge on a procedural issue related to his asylum application. That is extremely troubling. A technical error should not determine the fate of a man who has done everything right and poses no risk to anyone,” Menin mentioned. “Let me be clear: Rafael should not continue to be detained while this is sorted out.”
Menin added that attorneys for Rubio will file an enchantment earlier than the deadline subsequent month, believing that there aren’t any authorized grounds to maintain him in custody.
“An appeal will be filed, and we demand that Rafael’s case be properly heard by the deadline on April 17. At a minimum, he should be released pending that appeal. There is no justification for continuing to hold him under these circumstances,” Menin mentioned. “Rafael is a valued public servant and a beloved member of the City Council team. His continued detention is unjust, and we will not accept this outcome.”
With reporting by Isabella Gallo
