Venezuelan Migrant’s Bizarre Bail Attempt Could Lead to ICE Custody
Manhattan, NY — In a perplexing case that intertwines immigration enforcement with the criminal justice system, Nolveiro Vera Ordonez, a 30-year-old Venezuelan migrant, faces the prospect of being detained in New York’s notorious Rikers Island for an extended period, despite his bail application. Ordonez, who stands accused of petty theft, may be swiftly handed over to U.S. Immigration and Customs Enforcement (ICE) regardless of the outcome of his pending criminal charges.
Unusual Circumstances of the Case
The situation began when Ordonez was apprehended for allegedly cutting a lock and stealing a bicycle in Harlem. Following his arrest, he was arraigned in Manhattan Criminal Court on charges including petit larceny, criminal possession of stolen property, and criminal mischief. However, an outstanding federal warrant from Texas for his alleged illegal entry into the United States complicates his legal predicament.
Ordonez’s defense attorney, Elizabeth Fischer, made what many are describing as a “highly unusual” request to set his bail at $100, invoking a lesser-known New York law that allows for bail applications at any stage of the legal process. Judge Rachel Pauley, recognizing the unconventional nature of this request, agreed to set the bail but simultaneously remanded Ordonez on the federal warrant, effectively ensuring his prolonged incarceration.
Clear Path to ICE Custody
According to Al Baker, a spokesman for the state Office of Court Administration, the federal warrant will likely take precedence. "It is an indefinite hold," Judge Pauley stated, confirming that, even if Ordonez manages to post bail, he will likely be transferred into federal custody.
Local policies designed to protect immigrants may not come to Ordonez’s aid, as city officials have reaffirmed their willingness to comply with federal immigration enforcement regarding criminal charges. Baker emphasized that local correctional facilities are required to honor federal warrants.
Immigration Lawyer Weighs In
Immigration attorney Edward Cuccia commented on the situation, offering a mix of admiration for Ordonez’s creative legal approach and skepticism regarding its effectiveness. "I’ll give them points for thinking out of the box," Cuccia said, "but as an immigration strategy, it’s maybe not the best." He pointed out that local jails, like Rikers, afford detained individuals stronger legal rights compared to immigration detention centers, often referred to as "black holes."
This unusual legal battle underscores the complexities and sometimes unintended consequences that arise at the intersection of criminal law and immigration enforcement, especially for vulnerable migrant populations seeking asylum or refuge in the United States.
As this story develops, more details will emerge regarding Ordonez’s legal options and the decisions facing the judicial system in its treatment of immigration-related cases.
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