Bronx Student Denied Asylum, Faces ICE Deportation

On Sept. 23, a New Jersey immigration judge denied asylum to Dylan Josue Lopez Contreras, a John F. Kennedy Campus student now held in Immigration and Customs Enforcement, ICE, detention for more than four months.

The ruling ordered his deportation, setting into motion the possible removal of the first known New York City public school student to be taken into ICE custody during President Trump’s second term. 

Contreras was arrested on May 21 after showing up for a mandatory immigration appearance at 26 Federal Plaza in Lower Manhattan.

The 20-year-old's lawyers at the New York Legal Assistance Group, NYLAG, have 30 days to appeal the decision.

“Dylan’s team of legal advocates are already preparing to appeal this decision, intend to push for his release on bond, and will continue to fight tirelessly to exhaust all potential legal avenues to bring him home as soon as possible,” said NYLAG attorney Lauren Kostes.

Contreras fled Venezuela last year, entering the U.S.  in April 2024 using the CBP One app, a Biden-era humanitarian program designed to provide safe passage to migrants from unstable countries. 

However, recent shifts in federal policy have futher complicated his asylum case. Earlier this year, President Trump revoked legal status for anyone who used the program to cross into the country. 

Once in New York, Contreras reunited with his mother and younger siblings, and enrolled at ELLIS Preparatory Academy, a transfer high school for recently arrived immigrants.

ELLIS principal Norma Vega recalled her time with him, reminiscing on better days.

 “It infuriates me ... this young man would be in my office almost every day with his purple hair and invited me, ‘Miss you want to go play Uno?’ and we would sit in the hallways playing,” she said, tears welling in her eyes. 

Having been granted work authorization with CBP One, Contreras a took up a gig as a part-time delivery driver, putting paychecks toward moving the family out of city-run shelters.  

“Dylan was punished for doing the right thing,” said Kostes. “After following his immigration obligations, he was kidnapped by masked men, ripped away from his family, imprisoned in inhumane conditions for months.”

The federal government disputes Conteras’ legal standing.

On May 27, the Department of Homeland Security, DHS, posted on X: “Dylan Josue Lopez Contreras is an illegal alien from Venezuela … Biden ignored the law and chose to release millions of illegal aliens … without a notice to appear before an immigration judge.”

Contreras' lawyers strongly reject that claim. They say he entered legally, filed for asylum on time and attended every required hearing.

In the eight days following his arrest, DHS transferred him through four detention centers, including facilities in Texas and Louisiana, before placing him in Pennsylvania’s Moshannon Valley Processing Center. 

It is the largest detention site in the Northeast. 

Advocates have long called for its closure, citing a federal complaint over inadequate medical care, insufficient mental health services and poor translation resources. Contreras’ lawyers say ICE repeatedly misrepresented his location during these transfers, delaying communication with his legal team.

“The court’s decision to further deprive Dylan of his basic rights to a fair hearing, due process, and justice is outrageous and beyond heartbreaking — not only to Dylan and his family, but to his schoolmates, friends, teachers, neighbors and the hundreds of community members and New Yorkers who have rallied to demand his immediate return home,” Kostes said.

That community support was visible on Sept. 29, when more than 150 people gathered at West 235th Street and Johnson Avenue in Riverdale to call for his release. Organized in just two days by nonprofits Northwest Bronx Indivisible and Bend the Arc, the rally drew neighbors holding signs and chanting, “This is what democracy looks like” and “Free Dylan Now.”

“We got the hearing, but unfortunately, the result was not favorable,” said Daniel Guenzsberger of Northwest Bronx Indivisible. “By taking part in this protest, it’s a political statement, but let’s not forget that this is also a personal statement. You are sending a message to Dylan that his neighbors are here for him.”

Activist Power Malú of ROCC NYC joined others holding a banner that read “Free Dylan.” Organizers handed out pre-stamped postcards addressed to his detention center. 

“He needs to know that he’s not alone, and your postcards will make a difference,” Guenzsberger told the crowd. “They will also make a difference in how he is treated inside. His jailers need to know there are people on the outside paying attention.”

At the rally, State Sen. Gustavo Rivera denounced Contreras’ arrest as unjust and described the administration’s enforcement strategy as a bait-and-switch. 

“The Trump administration said they were going to identify dangerous criminals and deport them,” Rivera said. “That is not what they’re doing. They’re taking our neighbors, our friends, our kids. And so we will continue to stand up for him.”

Unfortunately, Contreras’ case is not unique. Students at other New York City schools have also faced detention or removal. In August, a 6-year-old year Queens student was deported to Equador.  Later that month, a 20-year-old Brooklyn student was detained and sent to a Pennsylvania detention center, where he continues to be held. 

Kostes warned that the court’s decision to the deny Contrera's asylum claim reflects deeper systemic failures.

 “It reflects the broader moment we find ourselves in and the deeply flawed and unjust system we’re forced to navigate,” she said. “For those who need justice most, it often remains out of reach due to cruel policies and systemic injustices that cause real harm.”

Since mid-May, the Department of Homeland Security has pursued a new enforcement strategy: moving to dismiss cases in immigration court in order to initiate expedited deportations. ICE officers have been stationed in lobbies, hallways and elevator banks of immigration court buildings, ready to arrest individuals leaving their hearings.