A City Council staffer who has been in ICE custody since mid-January was denied bond by an immigration judge Monday after federal lawyers successfully argued he posed a danger to society, according to a report.
Data analyst and Venezuelan national Rafael Andres Rubio Bohorquez will remain in a Hudson Valley facility for now after he was detained by federal agents when he showed up to a Jan. 12 court check-in on Long Island.
Department of Homeland Security attorneys argued during the hearing that Rubio Bohorquez should stay locked up, citing a 2023 arrest for allegedly punching his roommate’s face and breaking his nose during a fight, The City reported.
While the charges against Rubio Bohorquez were later dropped and sealed, a DHS lawyer argued he lied about his criminal history on paperwork seeking asylum and Temporary Protected Status, the outlet reported.
A lawyer for the staffer, Roger Asmar, argued Rubio Bohorquez didn’t think he was required to mention the arrest because the charges were erased.
Video of the altercation also showed Rubio Bohorquez didn’t sock the roommate, who was also arrested during the scuffle, Asmar claimed, according to The City.
“I don’t see any reason my client shouldn’t be released,” he said – though Conroy shot back, “He’s failed to demonstrate he’s not a danger.”
An email to Asmar was not immediately returned.
Elected officials, including Mayor Zohran Mamdani and Council Speaker Julie Menin, have rallied to the defense of Rubio Bohorquez, who started working for the legislative body in January 2025.
City officials have argued he had permission to be in the United States at least until October 2026 – despite President Trump ending a Biden-era legal protection program for Venezuelans.
But DHS officials have claimed he had no legal right to be in the US after he initially entered the country on a tourist visa in 2017 that required him to leave months later.
Rubio Bohorquez has also applied for a habeas corpus petition in Brooklyn federal court.
