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February 27, 2017New York, NY, United StatesEnforcement and Removal

ICE arrests convicted criminal alien from the Dominican Republic after detainer not honored

NEW YORK — Officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested a Dominican national who had previously been removed from the United States on three occasions after he was released from New York City custody with an active ICE detainer in place. The man has a criminal history in the United States which includes felony re-entry and assault and several felony and misdemeanor charges.  

Hector Suarez, 44, was released from local custody Dec. 30, after being arraigned in New York County Criminal Court and released on bail. ICE filed the detainer with Manhattan Central Booking Dec. 29. 

Suarez, a citizen and national of the Dominican Republic, was ordered removed in October 2002 and was subsequently removed from the United States to the Dominican Republic on Nov. 7, 2002. In March 2003, Suarez was encountered in Texas and was served with a Notice of Intent /Decision to Reinstate Prior Order. He was criminally charged and pleaded guilty to the violation of Title 8 United States Code 1326(a) and (b)(2) in U.S. District Court for the Southern District of Texas. In April 2004, Suarez was removed to the Dominican Republic for a second time. In August 2006, Suarez was again encountered in the United States, but this time in New York, where he was served with a Notice of Intent /Decision to Reinstate Prior Order. On Sept. 16, 2009, he was removed to the Dominican Republic for a third time.

Although his most recent charge is a misdemeanor, Suarez has a more serious criminal history dating back to 1997. In January1997, he was convicted of attempted criminal possession of a controlled substance in the third degree in violation of New York State Penal Law (NYSPL) section 220.16. April 2002, he was convicted for criminal possession of a controlled substance in the fifth degree in violation of NYSPL section 220.06.  In November 2006, he was convicted for Attempted Assault in the Second Degree in violation of NYSPL section 120.05(03).  In September 2008, Suarez was convicted in the United States District Court, Southern District of Texas for violation of Supervised Release and sentenced to incarceration to run consecutively to his New York State sentence.

"This is the case of another criminal alien, a felon, who was released back into the streets.  Politics and rhetoric are not what keep the people of this great city safe,” said Thomas R. Decker, field office director for ERO New York. “ICE is committed to maintaining and strengthening its relationship with local law enforcement.  We also welcome changes to the city’s present detainer policies in the interest of public safety and national security.”

ERO officers arrested Suarez Feb. 21 in New York City pursuant to a federal arrest warrant issued Feb. 17 for illegal re-entry after removal subsequent to the commission and conviction for an aggravated felony offense.  He was processed and later transported to federal court for an appearance before a judge. He is now in custody of the U.S. Marshals Service with charges pending.

In fiscal year (FY) 2016, ICE removed or returned 240,255 individuals. Of this total, 174,923 were apprehended while, or shortly after, attempting to illegally enter the United States. The remaining 65,332 were apprehended in the interior of the United States, and the vast majority were convicted criminals.

Updated: 11/19/2020