Bronx high school student arrested by ICE to be deported after judge's ruling
Conteras' lawyers had argued that because of what they described as "very personal" reasons, he could not go back to his native Venezuela.
Dylan Contreras, a 20-year-old high school student in the Bronx is set to be deported after a judge denied his asylum claim.
Conteras' lawyers had argued that because of what they described as "very personal" reasons, he could not go back to his native Venezuela.
However, they tell News 12 that earlier this week, a judge disagreed, and ruled for him to be deported.
"She believed what he talked about, and that the experiences that he had were real," said Lauren Kostes, a supervisions attorney with New York Legal Assistance Group, which is representing Contreras. "What she did not agree with was that it tied to U.S. asylum law."
Even though Conteras was living in the Bronx and is being detained in Pennsylvania, lawyers say the case was heard in New Jersey, after officials in New York said they were unable to do a virtual hearing.
"This is a little strange, because they can do virtual hearings," said Kostes.
Instead, the case was kicked back to Pennsylvania, which shares judges with New Jersey in cases like this.
Kostes says she believes, this led to the cards being stacked against Contreras.
"Different judges have very, very broad discretion to interpret the same statue, the same case law very different ways, " Kostes explained. "The judge Dylan went before had an extremely high denial rate - about 96 percent denial."
Lawyers say they will be appealing the ruling, but that the process can take four to six months.
During that whole time, Contreras will still be detained, instead of being back at ELLIS Prep - the specialized public school for immigrants in Marble Hill that he had been attending.
"He is so upset that he was not able to start the school year," said Kostes. "He really loves ELLIS Prep, he loves his classmates, and it's really important to him to get an education and learn English and go on to college."
A rally in support of Contreras is planned for Saturday in the area near the school.
