ERO New York City returns Mexican fugitive wanted for homicide

NEW YORK — Enforcement and Removal Operations (ERO) New York City officers effected the voluntary return of Abdiel Emanuel De la Garza Hernandez, an unlawfully present Mexican citizen wanted for homicide Feb. 2.

De la Garza departed the United States via a U.S. Immigration and Customs Enforcement (ICE) Air Operations flight from New York to Mexico, where he was turned over to local authorities.

ERO deportation officers accompanied De la Garza as he was turned over to Mexican authorities upon arrival in his home country.

On an unknown date and at an unknown location, De la Garza entered the United States without permission. On Feb. 5, 2019, the District of Chetumal Quintana Roo in Mexico issued a warrant for De la Garza’s arrest for homicide. On Nov. 17, 2022, ERO New York City arrested De la Garza and placed him in custody. On the same date, ERO New York City served him with a Notice to Appear, charging inadmissibility pursuant to the Immigration and Nationality Act. On Jan. 11, 2023, an immigration judge in Pearl River with the Justice Department’s Executive Office for Immigration Review granted De la Garza voluntary departure under safeguards with an expiration date of Feb. 15, 2023. De la Garza waived his right to file an appeal.

Noncitizens in removal proceedings may apply for voluntary departure before an immigration judge or, less typically, may apply with the U.S. Department of Homeland Security (DHS) instead of being placed into removal proceedings. A noncitizen granted voluntary departure by an immigration judge has requested and received the privilege of voluntarily departing the United States and has asserted his or her willingness to depart as ordered. If the noncitizen then fails to depart within the time specified for departure, they become subject to a final removal order which may be executed by ICE. Further, a noncitizen who fails to voluntarily depart as ordered is subject to civil penalties and is ineligible for certain benefits under the Immigration and Nationality Act.

In fiscal year (FY) 2022, ERO arrested 46,396 noncitizens with criminal histories; this group had 198,498 associated charges and convictions. These included 21,531 assault offenses; 8,164 sex and sexual assault offenses; 5,554 weapons offenses; 1,501 homicide-related offenses; and 1,114 kidnapping offenses.

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

ERO, a directorate of ICE, upholds U.S. immigration law at, within, and beyond our borders. ERO operations target public safety threats, such as convicted criminal noncitizens and gang members, who have violated our nation's immigration laws, including those who illegally re-enter the country after being removed and immigration fugitives ordered removed by federal immigration judges. ERO deportation officers assigned to Interpol also assist in targeting foreign fugitives for crimes committed abroad at-large in the U.S. ERO manages all aspects of the immigration enforcement process, including identification and arrest, detention, bond management, supervised release, transportation, and removal. Additionally, ERO repatriates noncitizens ordered removed from the U.S. to more than 150 countries worldwide.