Nathaniel Rojas, a local of the Dominican Republic, had been held in an Orange County NY jail since Aug. 28 when brokers all of the sudden appeared on the Riverdale house the place he lives with Correction Division Deputy Commissioner Wendy Garcia.
“The court has determined that the government violated petitioner’s procedural due process rights under the Constitution, and he is therefore entitled to release,” U.S. District Choose Lewis Liman wrote in a 17-page determination filed late Thursday.
Rojas’ lawyer Reuben Kerben declined to remark.
In laying out the intricate chronology of the case, Liman defined that Rojas has lived within the U.S. since 2000 and obtained standing in 2009 as a lawful everlasting resident.
In December 2022, Rojas left the U.S. to go to the Dominican Republic, the Liman determination states. On his return a month later, immigration officers allowed him to re-enter whereas his immigration case was nonetheless pending right here.
Rojas argued in an immigration continuing in 2023 he had a proper to stay as a lawful everlasting resident, had no aggravated felony convictions and was of fine ethical character, Liman wrote. As of June 2025, the case was pending in immigration courtroom.
“Rojas was paroled into the United States. He lived here freely for years. His parole status was never revoked,” Liman continued.
“He is therefore entitled to notice of such revocation before it occurs, and an individualized explanation as to why. As the Government concedes, that did not happen. He is therefore entitled to release.”
It stays unclear whether or not the federal government will try as soon as once more to deport Rojas. An ICE spokesperson didn’t instantly reply to a request for remark.
The case attracted consideration not solely due to Garcia’s standing in metropolis authorities however as a result of regardless of his prison report, the job Rojas landed on the city-funded Lincoln Hospital was in affected person relations the place he would have entry to delicate medical data.
Nathaniel Rojas (far left) and Lincoln CEO Cristina Contreras (third from proper). (Lincoln Hospital)
Garcia was additionally beforehand married to a brother of Transportation Commissioner Ydanis Rodriguez and labored for Rep. Adriano Espaillat.
Reps for the Correction Division, Mayor Adams and the Well being and Hospitals Corp., which oversees Lincoln, didn’t instantly reply to requests for remark.
