Bronx high school student Dylan detained by ICE asks judge to order his release
Dylan, the 20-year-old Bronx public school student arrested by federal immigration authorities sued the Trump administration late Thursday night over his ongoing detention in Pennsylvania.
The 'habeas corpus' petition asked a western Pennsylvania federal judge to find Dylan's arrest was unconstitutional and violated his due process rights — and order his immediate release.
'As long as he remains detained, his health is at continued, serious risk; his ability to [seek a green card] is jeopardized; and he will fall behind on his schoolwork,' read the suit.
The complaint, which was first reported by Chalkbeat, names Todd Lyons, the acting director of U.S. Immigrations and Customs Enforcement, Kristi Noem, the Secretary of Homeland Security, and Pennsylvania-based immigration authorities as defendants.
The Daily News has withheld Dylan's last name at the request of his family.
Dylan, who fled persecution in Venezuela, is currently being held at the Moshannon Valley Processing Center in Clearfield County, Penn. He has no criminal history and entered the country legally with humanitarian parole under President Biden.
He and his mother appeared on May 21 without a lawyer for a routine court hearing, where the federal government asked a Manhattan immigration judge to dismiss his case. Late last week, his newly retained lawyers at the New York Legal Assistance Group filed a motion to reconsider the dismissal.
On their way out of the courthouse, two plainclothes ICE officers followed them into an elevator, handcuffed Dylan and threatened to take in his mother if she tried to record his arrest on her cellphone, according to court documents.
His lawyers allege the dismissal was part of a new 'coordinated practice' to transfer Dylan and others out of standard proceedings into a process known as 'expedited removal,' which offers fewer protections. They say the student was selected at 'random.'
Removal proceedings are overseen by immigration judges, who are part of the U.S. Department of Justice. Through the process, people can gather evidence and present witnesses, and appeal deportation orders up to the Board of Immigration Appeals and the Circuit Courts of Appeals.
By contrast, the expedited removal process — which has been greatly expanded during the Trump administration — is overseen by DHS. That means Dylan and other immigrants in his position have no opportunity to bring their case before a judge or appeal their decision, the lawyers said.
DHS earlier this week condemned a Biden-era asylum process that allowed immigrants like Dylan to enter the country with a notice to appear before a judge. The agency claimed President Trump has reverted back to following the law and that the student and others in his position should have faced expedited removal from the beginning.
'If individuals have a valid credible-fear claim, they will continue in immigration proceedings,' officials said in a statement, 'but if no valid claim is found, aliens will be subject to a swift deportation.'
Dylan's interview with DHS over his fear claim was Thursday morning. If decided in his favor, his case would revert back to the regular deportation process, according to the suit — but he would remain in detention 'far from loved ones and counsel.' His claim remained pending as of the petition's filing.
His lawyers claim he did not meet the requirements for an expedited removal due to the length of time he's been in the United States and that he was legally paroled into the country when he entered.
'The government has not justified why it specifically targeted, arrested, and detained Dylan, a high school student without a criminal record and abiding by all immigration laws and procedures,' read the complaint.
And the harms of continuing to detain Dylan may be irreparable, the habeas petition argued.
Dylan has a chronic illness related to his stomach, according to his lawyers, which his doctors are still trying to diagnose and treat. The process has required various medical tests to determine whether his symptoms are indicators of cancer or Crohn's disease, and on Tuesday, he got results back that require an in-person appointment as soon as possible.
Before he was arrested, Dylan was also in the middle of a process to obtain what's known as Special Immigrant Juvenile (SIJS) status based on the death of his father, which would give him a pathway to a green card. He had a hearing scheduled in that process for Friday, which his lawyers expected to miss. Dylan turns 21 later this year and would no longer be eligible for that process.
While the case plays out, Dylan's lawyers requested that he remain in Pennsylvania.
Since he was taken into custody, Dylan has been moved between facilities in Pennsylvania, Texas, Louisiana and New Jersey. His lawyers accused the federal government of misrepresenting Dylan's whereabouts and said they were unable to speak with Dylan until Wednesday morning — a week after his arrest.
In the year and change he was in New York, Dylan enrolled in ELLIS Prep, a program for English learners overaged for traditional high school.
Dylan was granted work authorization and took care of his two younger siblings. While his mom worked long hours, he picked the kids up from school. And with the help of his supplemental income as a part-time delivery driver, they were able to move their family out of a homeless shelter — and into their own apartment.
New York politicians and immigration advocates have condemned Dylan's detention, including a protest on the steps of the public school system's headquarters on Thursday, which drew hundreds of supporters and even the city schools chancellor.
After distancing himself earlier this week from Dylan's arrest, Mayor Adams under pressure from local lawmakers on Friday released a statement that he was 'sad to learn of this incident,' especially since Dylan was following a legal process.
'Keeping New Yorkers safe has always been Mayor Adams' top priority,' said his spokesman Zachary Nosanchuk, 'and he has been clear that our city is less safe when people are afraid to use public resources — like sending their children to school … or partaking in legal proceedings at court.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
37 minutes ago
- Yahoo
TACO Trump Punts Decision on Bombing Iran in Wild New Twist
President Donald Trump will decide whether to attack Iran within the next two weeks, and has issued a plea to stave off the backlash in his MAGA base: Trust in Trump. As a MAGA civil war over military intervention threatens to tear his party apart, the president has left the door open to a diplomatic off-ramp. 'Based on the fact that there's a substantial chance of negotiations that may or may not take place with Iran in the near future, I will make my decision whether or not to go within the next two weeks,' he said, in a direct message issued through his White House spokeswoman Karoline Leavitt. The unexpected twist is reminiscent of the two week window Trump regularly gives Russia to start negotiating a genuine ceasefire with Ukraine. It comes after the president left the nation on edge for days about the possibility that he would help Israel destroy a deeply buried nuclear enrichment facility at Fordow, in northeast Iran, using a 30,000 pound bomb known as a 'bunker buster'. Trump gave numerous mixed messages, insisting the strikes could be imminent and saying it was 'too late' to talk while also insisting that there was scope for negotiations. On Wednesday, he even boasted that 'nobody knows what I'm doing' when it comes to Iran. Tensions escalated this week when he abruptly departed the G7—despite having meetings locked with global allies including Australia and India—to rush to Washington to deal with the issue. For the next three days, he then huddled with his national security advisers to decide whether the U.S. military helps Israel's bombing campaign. But such a move would risk any remaining chance of the nuclear disarmament deal Trump has been pursuing and threatened to tear apart the very base that got him elected. The MAGA civil war over the Iran put conservatives such as pro-Israel war hawks Laura Loomer and Mark Levin on one side, and America First firebrands such as Charlie Kirk, Steve Bannon and Jack Posobiec on the other. 'We can't have another Iraq,' Bannon warned at a breakfast with reporters hosted Wednesday by The Christian Science Monitor. Earlier today, he was spotted at the White House but Leavitt declined to say what he was doing there. The issue also spilled out onto screens this week, with conservative pundit Tucker Carlson—who accused the president of being 'complicit' in the Middle East conflict—skewering Texas Senator Ted Cruz over his support for regime change. Asked what the president would say to those who voted for his 'America First' doctrine and didn't want the nation involved in another foreign war, Leavitt replied: 'Trust in President Trump.' 'President Trump kept America and the world safe in his first term as president, implementing a 'peace through strength' foreign policy agenda,' she said. 'With respect to Iran, nobody should be surprised by the President's position that Iran absolutely cannot obtain a nuclear weapon. He's been absolutely unequivocal about this.' Trump's announcement was immediately mocked online. One critic on social media described it as 'beyond parody' while another joked: 'He's going to announce it during Infrastructure Week when the healthcare plan comes out.' Leavitt was also quizzed about the issue in the briefing room, with one reporter noting that Trump had regularly given Russia two week deadlines on Ukraine, with no outcome. However, she blamed the Biden administration, saying both were complicated global conflicts that the president had inherited.
Yahoo
37 minutes ago
- Yahoo
Trump Boasts ‘Nobody Knows What I'm Doing' as MAGA Civil War Rages
President Donald Trump has boasted that 'nobody knows what I'm doing' when it comes to Iran as a MAGA civil war rages over the prospect of a U.S. military attack. Speaking with reporters for the first time since meeting with his national security council on Tuesday, the president refused to say whether the U.S. is moving closer to helping Israel strike Iranian nuclear facilities. 'You don't seriously think I'm going to answer that question,' Trump said, mockingly. 'Will you strike the Iranian nuclear component, and what time exactly? Sir, sir, would you strike it? Will you please inform us so we can be there and watch? 'I mean, you don't know that I'm going to even do it. You don't know. I may do it; I may not do it. I mean, nobody knows what I'm going to do.' Trump's comments come as a MAGA civil war has been brewing for days between pro-Israel war hawks such as Laura Loomer and Mark Levin on one side, and America First firebrands such as Charlie Kirk and Jack Posobiec on the other. Former Fox News host Tucker Carlson also entered the fray last week, calling Trump complicit and suggesting that the administration 'drop Israel [and] let them fight their own wars.' Carlson also clashed with Texas Senator Ted Cruz this week, lashing out over Cruz's support for military intervention in Iran despite his apparent lack of knowledge about the country. While a U.S. attack on Iran could have serious consequences for the region, Trump's rhetoric has shifted considerably in recent days, with the president admitting that his patience is wearing thin on finding a diplomatic solution to stop Iran from building its nuclear arsenal. On Wednesday, Iran Supreme Leader Ayatollah Ali Khamenei hit back at the president for his 'absurd rhetoric' after Trump demanded Iran's 'complete surrender' and issued an ominous warning on X: 'The US entering this matter (war) is 100% to its own detriment. The damage will be far greater than any harm that Iran may encounter.' But Trump doubled down on his push for Iran to surrender, telling reporters that Tehran should have negotiated weeks ago. Only now were they rethinking their strategy, he said. 'They even suggested coming to the White House,' he claimed. A U.S. defense official told the Daily Beast it was moving the Nimitz Carrier Strike Group to the Middle East to protect U.S. forces in the region. Vice President JD Vance also posted on X that after showing 'remarkable restraint,' Trump 'may decide he needs to take further action to end Iranian enrichment.' As the president weighed options, some Democrats on Capitol Hill called for Congress to act. Senator Tim Kaine introduced a resolution to prevent the U.S. from using military force against Iran without congressional approval while several others backed Vermont Senator Bernie Sanders' bill to prevent the use of funds for military force against Iran without congressional authorization. But Democrats were deeply divided over the response to Iran. Senator John Fetterman, who has often bucked his party to fiercely defend Israel, said he would vote against Kaine's resolution. He told reporters he was a 'hell yes' on the U.S. making preemptive strikes against Iranian nuclear facilities. Senate Majority Leader John Thune rejected that the president would need authorization from Congress to strike Iran. 'I think right now the president's within his authorities,' Thune told reporters on Capitol Hill on Tuesday. 'He obviously has a lot of authorities as Commander in Chief to respond to incidents that happen around the world.' Thune said if it goes on for a period of time, there would be discussions on what the role of Congress should be and whether it needed to take action. 'I think right now, let's hope and pray for the best outcome,' he said. Senate Foreign Committee Chair Jim Risch emphasized on Tuesday 'this is not our war' and praised the president for threading the needle when it came to Iran. While the House is not in session this week, in a rare moment of bipartisanship, Republican Rep. Thomas Massie was joined by Democratic Rep. Ro Khanna to introduce a resolution to prohibit the U.S. from getting involved in the conflict. 'This is not our war,' Massie wrote in a post. 'Even if it were, Congress must decide such matters according to our Constitution.'
Bloomberg
42 minutes ago
- Bloomberg
Pakistan Backs Trump for Nobel Peace Prize He's Long Craved
Pakistan said it will nominate US President Donald Trump for the Nobel Peace Prize, a move that may have as much to do with annoying rival India as it does with building stronger ties to Washington. The recommendation is being made for Trump's 'decisive intervention and pivotal leadership during the recent India-Pakistan crisis,' according to a social media post on Saturday by Pakistan's government.
