Immigrant Faces Ongoing Detention Challenges

It seems like quite the situation for one Venezuelan immigrant. Nolveiro Vera Ordonez, 30, voluntarily sought bail to avoid being picked up by ICE, but this decision might lead to him being detained for weeks, irrespective of whether he posts the $100 bail.

Despite the outcome of his petty theft case in Manhattan, Ordonez is likely to end up in the custody of U.S. Immigration and Customs Enforcement. A swift decision by the judge to hold him on a federal criminal warrant guarantees that once his local case concludes, he’ll be handed over to ICE, as confirmed by Al Baker from the State Court Administration.

One immigration attorney found humor in Ordonez’s attempts to wait out ICE in prison, but acknowledged that Rikers isn’t necessarily the ideal spot for that. “I appreciate the out-of-the-box thinking,” Edward Kuccia remarked, though he questioned whether this strategy was the most effective.

Ordonez’s legal troubles started when he was allegedly caught cutting a lock and stealing a bike, according to court documents. An NYPD officer took him into custody, leading to charges of petty theft, criminal possession of stolen property, and mischief in Manhattan Criminal Court.

Records indicate he also has a federal arrest warrant stemming from a court in Texas, filed after he apparently crossed the U.S.-Mexico border in 2022. Following his arrest, his attorney, Elizabeth Fisher, made an unusual move by requesting bail typically set at $100 for such crimes, even though he might not be able to post it.

Quoted in the process, Fisher referenced a little-known New York law allowing defendants to request bail at any time. Judge Rachel Pauly found this request “very rare” but agreed to set bail, which was intended to protect Ordonez from federal detention.

However, Pauly also remanded him due to the federal warrant, confirming he would remain detained. She referred to this as an “indefinite hold.” Meanwhile, New York’s Sanctuary City policy probably won’t benefit Ordonez. These guidelines prevent local authorities from getting involved in enforcing immigration laws against individuals here on visas.

Yet, city officials have often cooperated with federal authorities regarding the criminal immigration issues Ordonez faces. “The judge did her job and followed the law,” Baker stated, adding that federal warrants from U.S. Magistrate Judges will be acknowledged by local correctional facilities, meaning posting bail might not lead to Ordonez’s release.

Lawyer Fisher didn’t respond to requests for comment. Kuccia, who is not connected to this case, mentioned that Ordonez’s choice to stay at Rikers could be better than the alternative. He advised those facing immigration challenges to stay in local jails where they have more rights. “Immigration prisons are like a black hole,” he said. “Once you’re in, it’s hard to get out.”