NEW YORK CITY, NY - In a press release, Immigration and Customs Enforcement (ICE) confirmed the arrest of an illegal immigrant from Venezuela who is also a gang member of the violent Tren de Aragua (TdA) transnational criminal organization.
According to Fox News, this individual was arrested in New York City nearly two years after being first encountered at the southern border. ICE officials said that local sanctuary jurisdictions twice ignored detainer arrests and released 22-year-old Javier Jose Albornoz Marchan back into the community, despite his patter of criminal behavior.
On September 28th, Enforcement and Removal Operations (ERO) New York City arrested Albornoz, who was convicted by the Bronx County Superior Court of criminal possession of a weapon — possession of a firearm.
ERO Fugitive Operations officers took Albornoz into custody on Staten Island, pursuant to a warrant of arrest and transferred him to the ERO New York City office for processing. As of this writing, Albornoz remains in custody without bond, pending removal proceedings.
According to the press release, on September 22, 2022, U.S. Border Patrol encountered Albornoz near El Paso, Texas. Officials reportedly released him into the United States as an alternative to detention and a condition of parole due to detention capacity at the Central Processing Center in El Paso. However, he never reported to ERO for processing. Then, on June 18, 2023, the Moonachie Police Department arrested Albornoz for the crime of shoplifting-under-ringing. On June 21, 2023, the Municipal Court of Teterboro remanded Albornoz's charges to the lower court and released him on his own recognizance.
On January 6, 2024, the Woodbridge Police Department in New Jersey arrested Albornoz for the crimes of shoplifting-take merchandise without paying and burglary tools-manufacture. On January 8, 2024, ERO Newark lodged an immigration detainer for Albornoz with the Middlesex County Jail in North Brunswick, New Jersey. On the same date, the Middlesex County Jail ignored the detainer and released the gang member from local custody without notifying ERO.
On March 27, 2024, the New York Police Department (NYPD) arrested Albornoz for criminal possession of a weapon in the second degree: loaded firearm; criminal possession weapon in the second degree: loaded firearm on school grounds; criminal possession of a controlled substance with intent to sell; and acting in a manner to inure child less than 17. He was one of eight illegal immigrants arrested by NYPD. On April 1, 2024, ERO New York City lodged an immigration detainer against Albornoz's release with the New York Department of Corrections on Rikers Island.
On September 5, 2024, the Bronx County Superior Court convicted Albornoz of criminal possession of a firearm and sentenced him to six months of prison. The very next day, the New York City Department of Corrections at Rikers Island released the gang member back into the community after he served his sentence, despite an active detainer in place, without notifying ERO.
On September 27, 2024, the FBI New York's Safe Streets Task Force notified ERO New York City of possible threats made by Albornoz to local law enforcement and requested assistance with locating and apprehending him. In a statement, ERO New York City Field Office Director Kenneth Genalo said, "Sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk. New York City and state leaders should reevaluate the policies that prevent local law enforcement from cooperating with ERO.
It is unconscionable this felon was running free in New York for the last three weeks when he could have immediately been apprehended upon release from local custody. Thankfully, through the due diligence of our courageous officers and our law enforcement partners, this individual was swiftly apprehended and denied the ability to reoffend."
According to Fox News, this individual was arrested in New York City nearly two years after being first encountered at the southern border. ICE officials said that local sanctuary jurisdictions twice ignored detainer arrests and released 22-year-old Javier Jose Albornoz Marchan back into the community, despite his patter of criminal behavior.
On September 28th, Enforcement and Removal Operations (ERO) New York City arrested Albornoz, who was convicted by the Bronx County Superior Court of criminal possession of a weapon — possession of a firearm.
ERO Fugitive Operations officers took Albornoz into custody on Staten Island, pursuant to a warrant of arrest and transferred him to the ERO New York City office for processing. As of this writing, Albornoz remains in custody without bond, pending removal proceedings.
According to the press release, on September 22, 2022, U.S. Border Patrol encountered Albornoz near El Paso, Texas. Officials reportedly released him into the United States as an alternative to detention and a condition of parole due to detention capacity at the Central Processing Center in El Paso. However, he never reported to ERO for processing. Then, on June 18, 2023, the Moonachie Police Department arrested Albornoz for the crime of shoplifting-under-ringing. On June 21, 2023, the Municipal Court of Teterboro remanded Albornoz's charges to the lower court and released him on his own recognizance.
On January 6, 2024, the Woodbridge Police Department in New Jersey arrested Albornoz for the crimes of shoplifting-take merchandise without paying and burglary tools-manufacture. On January 8, 2024, ERO Newark lodged an immigration detainer for Albornoz with the Middlesex County Jail in North Brunswick, New Jersey. On the same date, the Middlesex County Jail ignored the detainer and released the gang member from local custody without notifying ERO.
On March 27, 2024, the New York Police Department (NYPD) arrested Albornoz for criminal possession of a weapon in the second degree: loaded firearm; criminal possession weapon in the second degree: loaded firearm on school grounds; criminal possession of a controlled substance with intent to sell; and acting in a manner to inure child less than 17. He was one of eight illegal immigrants arrested by NYPD. On April 1, 2024, ERO New York City lodged an immigration detainer against Albornoz's release with the New York Department of Corrections on Rikers Island.
On September 5, 2024, the Bronx County Superior Court convicted Albornoz of criminal possession of a firearm and sentenced him to six months of prison. The very next day, the New York City Department of Corrections at Rikers Island released the gang member back into the community after he served his sentence, despite an active detainer in place, without notifying ERO.
On September 27, 2024, the FBI New York's Safe Streets Task Force notified ERO New York City of possible threats made by Albornoz to local law enforcement and requested assistance with locating and apprehending him. In a statement, ERO New York City Field Office Director Kenneth Genalo said, "Sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk. New York City and state leaders should reevaluate the policies that prevent local law enforcement from cooperating with ERO.
It is unconscionable this felon was running free in New York for the last three weeks when he could have immediately been apprehended upon release from local custody. Thankfully, through the due diligence of our courageous officers and our law enforcement partners, this individual was swiftly apprehended and denied the ability to reoffend."
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