ERO New York City arrests unlawfully present Venezuelan national convicted of assaulting NYPD officers in Times Square

NEW YORK — On Oct. 10, Enforcement and Removal Operations New York City arrested Darwin Andres Gomez Izquiel, an unlawfully present noncitizen and national of Venezuela, who was convicted by the New York County Supreme Court of assault in the second degree with intent to cause injury to an officer/fireman/EMT July 29 for his participation in the widely publicized gang assault on two NYPD officers in Times Square.

Officers from the Criminal Apprehension Program arrested Gomez upon release from the custody of the New York City Department of Corrections pursuant to an ICE detainer and warrant of arrest. He remains in ICE custody pending removal proceedings.

“Gomez-Izquiel is a criminal and threat to the public servants, residents and businesses of New York City,” said ERO New York City Field Office Director Kenneth Genalo. “We will not allow our communities to become safe havens for noncitizens who refuse to abide our laws. ERO New York City will continue to work with unending determination to apprehend and remove these violent criminal offenders.”

On Aug. 23, 2023, the U.S. Border Patrol encountered Gomez near the Rio Grande Valley, Texas, after he unlawfully entered the United States without inspection, admission or parole by an immigration official. U.S. Border Patrol initially processed Gomez as an expedited removal after serving him with an order of expedited removal. Two days later, Gomez withdrew his application for admission to the United States and voluntarily returned to Mexico via the Brownsville Port of Entry.

U.S. Border Patrol again encountered Gomez near the Del Rio Sector on Oct. 3, 2023, after unlawfully entered the United States at a time and place other than as designated by the Secretary of the Department of Homeland Security. U.S. Border Patrol issued Gomez a notice to appear charging inadmissibility pursuant to the Immigration and Nationality Act, provided him with an immigration judge hearing date for June 4, 2024, in Memphis, Tennessee, and released him on his own recognizance with specific reporting instructions for the nearest ERO office of his intended destination. There is no indication that he complied with those reporting instructions.

On Jan. 27, 2024, the NYPD arrested Gomez for the crimes of assault on police officer/fireman/EMT, second-degree gang assault, obstruction of governmental administration and disorderly conduct. The next day, Gomez was arraigned on the charges and released on his own recognizance.

That same day, ERO New York City lodged an immigration detainer with the New York City Department of Corrections’ Rikers Custody Management Unit against Gomez’s release.

Gomez did not appear for his removal hearing before an immigration judge in Memphis June 4 due to his incarceration on Rikers Island in the custody of the New York City Department of Corrections. The presiding immigration judge did not take action on his case.

On July 29, the New York County Supreme Court convicted Gomez of assault in the second degree with intent to cause injury to an officer/fireman/EMT and obstruct governmental administration and sentenced him to a custodial term of 364 days.

As part of its mission to identify and arrest removable noncitizens, ERO lodges immigration detainers against noncitizens who have been arrested for criminal activity and taken into custody by state or local law enforcement. An immigration detainer is a request from U.S. Immigration and Customs Enforcement to state or local law enforcement agencies to notify ICE as early as possible before a removable noncitizen is released from their custody. Detainers request that state or local law enforcement agencies maintain custody of the noncitizen for a period not to exceed 48 hours beyond the time the individual would otherwise be released, allowing ERO to assume custody for removal purposes in accordance with federal law.

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.

ERO conducts removals of individuals without a lawful basis to remain in the United States, including at the order of immigration judges with the Justice Department’s Executive Office for Immigration Review. The Executive Office for Immigration Review is a separate entity from the Department of Homeland Security and ICE. Immigration judges in these courts make decisions based on the merits of each individual case, determining if a noncitizen is subject to a final order of removal or eligible for certain forms of relief from removal.

As one of ICE’s three operational directorates, ERO is the principal federal law enforcement authority in charge of domestic immigration enforcement. ERO’s mission is to protect the homeland through the arrest and removal of those who undermine the safety of U.S. communities and the integrity of U.S. immigration laws, and its primary areas of focus are interior enforcement operations, management of the agency’s detained and non-detained populations, and repatriation of noncitizens who have received final orders of removal. ERO’s workforce consists of more than 7,700 law enforcement and non-law enforcement support personnel across 25 domestic field offices and 208 locations nationwide, 30 overseas postings, and multiple temporary duty travel assignments along the border.

Members of the public can report crimes or suspicious activity by dialing 866-DHS-2-ICE (866-347-2423) or completing the ICE online tip form.

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

Source: U.S. Immigration and Customs Enforcement (ICE.gov)