ERO New York City arrests Venezuelan noncitizen and Tren de Aragua gang member convicted of criminal possession of a firearm

NEW YORK — On Sept. 28, Enforcement and Removal Operations New York City arrested Javier Jose Albornoz Marchan, 22, an unlawfully present Venezuelan citizen and member of the Tren de Aragua transnational criminal organization, who was convicted by the Bronx County Supreme Court of criminal possession of a weapon — possession of a firearm. Albornoz was one of eight noncitizens arrested by the New York City Police Department March 27, and was charged with weapons and drug related offenses.

ERO Fugitive Operations officers took Albornoz into custody on Staten Island, pursuant to a warrant of arrest, and transferred him to the ERO New York City office for processing. Albornoz remains in custody without bond, pending removal proceedings.

“Sanctuary jurisdictions undermine public safety and put our communities at unnecessary risk,” said ERO New York City Field Office Director Kenneth Genalo. “New York City and state leaders should reevaluate the policies that prevent local law enforcement from cooperating with ERO. It is unconscionable this felon was running free in New York for the last three weeks when he could have immediately been apprehended upon release from local custody. Thankfully, through the due diligence of our courageous officers and our law enforcement partners, this individual was swiftly apprehended and denied the ability to reoffend.”

On Sept. 22, 2022, U.S Border Patrol encountered Albornoz near EL Paso, Texas. Officials released him into the United States as an alternative to detention and a condition of parole due to detention capacity at the Central Processing Center in El Paso, Texas. Albornoz never reported to ERO for processing.

On June 18, 2023, the Moonachie Police Department arrested Albornoz for the crime of shoplifting-under-ringing. On June 21, 2023, the Municipal Court of Teterboro remanded Albornoz’s charges to the lower court and released him on his own recognizance.

On Jan. 6, 2024, the Woodbridge Police Department in New Jersey arrested Albornoz for the crimes of shoplifting-take merchandise without paying and burglary tools-manufacture. On Jan. 8, ERO Newark lodged an immigration detainer for Albornoz with the Middlesex County Jail in North Brunswick, New Jersey. On the same date, the Middlesex County Jail ignored the detainer and released Albornoz from local custody without notifying ERO.

On March 27, the NYPD arrested Albornoz for criminal possession of a weapon in the second degree: loaded firearm; criminal possession weapon in the second degree: loaded firearm on school grounds; criminal possession of a controlled substance with intent to sell; and acting in manner to injure child less than 17.

On April 1, ERO New York City lodged an immigration detainer against Albornoz’s release with the New York Department of Corrections at Rikers Island.

On Sept. 5, the Bronx County Supreme Court convicted Albornoz of criminal possession of a firearm and sentenced him to six months of imprisonment. The next day, the New York City Department of Corrections at Rikers Island released Albornoz back into the community after he served his sentence, despite an active detainer in place, without notifying ERO.

On Sept. 27, the FBI New York’s Safe Streets Task Force notified ERO New York City of possible threats made by Albornoz to local law enforcement and requested assistance with locating and apprehending him.

Detainers are critical public safety tools because they focus enforcement resources on removable noncitizens who have been arrested for criminal activity. Detainers increase the safety of all parties involved — ERO personnel, law enforcement officials, removable noncitizens and the public — by allowing an arrest to be made in a secure and controlled custodial setting as opposed to at-large within the community. Because detainers result in the direct transfer of a noncitizen from state or local custody to ERO custody, they also minimize the potential that an individual will reoffend. Additionally, detainers conserve scarce government resources by allowing ERO to take criminal noncitizens into custody directly rather than expending resources locating these individuals at-large.

Noncitizens placed into removal proceedings receive their legal due process from federal immigration judges in the immigration courts, which are administered by the Executive Office for Immigration Review. The Executive Office for Immigration Review is an agency within the U.S. Department of Justice and is separate from the Department of Homeland Security and ICE. Immigration judges in these courts make decisions based on the merits of each individual case. ERO officers carry out the removal decisions made by the federal immigration judges.

ERO uses intelligence driven operations that target public safety threats, such as convicted criminal noncitizens and gang members, who have violated our nation's immigration laws, including those who illegally reenter the country after being removed and immigration fugitives ordered removed by federal immigration judges. ERO officers prioritize enforcement actions in accordance with the Guidelines for the Enforcement of Civil Immigration Law issued by DHS Secretary Alejandro N. Mayorkas on Sept. 30, 2021, and reinstituted on June 28 — obtaining and reviewing entire criminal and administrative records and any other investigative information available, when taking decisive law enforcement actions.

Members of the public can report crimes and suspicious activity by dialing 866-347-2423 or completing ICE’s online tip form.

Learn more about ERO New York City’s mission to preserve public safety on X, formerly known as Twitter, at @ERONewYork.