A New Jersey immigration judge has ordered the deportation of Dylan Lopez Contreras, the Bronx transfer student who last spring became the first known local schoolkid to be swept up in President Trump’s immigration crackdown.
Judge Maria Akalski denied Dylan’s asylum claim at a virtual hearing Tuesday afternoon, as the 20-year-old Venezuelan citizen remains detained in western Pennsylvania, according to federal immigration trackers. He has about a month to appeal, which his lawyers indicated Wednesday he intends to do.
“This decision is especially egregious in light of the fact that, from the very beginning, Dylan has done everything right,” said Lauren Kostes, supervising attorney for the New York Legal Assistance Group immigrant protection unit. “He entered the country with permission, filed his asylum claim in a timely manner and attended all of his immigration court hearings.”
“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,” Kostes added.
In the weeks leading up to the judge’s order, Dylan was resolute in his plans to continue studying in the United States: “This unjust detention has frustrated and paralyzed my education and effort momentarily,” Dylan wrote in Spanish to the education news site Chalkbeat. “But it won’t make me give up on working hard toward my educational goals.”
Days later, Dylan gave testimony virtually on Sept. 15 about his asylum claim, detailing his fears of returning to Venezuela, according to his lawyers.
A picture of Dylan Lopez Contreras, a New York City public high school student detained by federal agents, is displayed outside the Jacob K. Javits Federal Building, Friday, July 18, 2025, in New York. (AP Photo/Yuki Iwamura)
Before his arrest, Dylan was enrolled in ELLIS Preparatory Academy, a specialized public school in Marble Hill for older immigrant youth, where he was learning English while supporting his mom and younger siblings.
In May, he was attending a regularly scheduled immigration court hearing when he was pursued by Immigration and Customs Enforcement, despite having entered the country in April 2024 under a Biden-era entry program that has since been rolled back.
During his time in detention, Dylan has been battling chronic health issues. Meanwhile, Democratic politicians have come to his defense — insisting Dylan was following the legitimate asylum process for immigrants fearful of returning to their native countries.
The U.S. Justice Department declined to comment, referring the Daily News to ICE.
“Under the Biden administration, [Dylan] was encountered at the border and released into the country,” said Tricia McLaughlin, an assistant secretary at the Department of Homeland Security, the umbrella agency of ICE.
“Most aliens who illegally entered the United States within the past two years are subject to expedited removals. Biden ignored this legal fact,” McLaughlin added. “ICE is now following the law and placing these illegal aliens in expedited removal, as they always should have been.”
Earlier this year, Dylan, through his lawyers, asked a federal judge in Pennsylvania to intervene in his immigration case, filing a “habeas corpus” petition that claimed his detention was unconstitutional and violated his due-process rights.
But the judge, Stephanie Haines, in July denied a motion for a protective measure, known as a preliminary injunction, which could have shielded Dylan from immigration enforcement while she weighed his constitutional case. Dylan’s lawyers notified the courts of his intent to appeal the decision late last month.
Under pressure from other elected officials to condemn the arrest, the Adams administration filed a brief in the Pennsylvania case in support of Dylan’s disposition in school and against courthouse arrests, which his lawyers argued make the city less safe by discouraging immigrants from attending their hearings.
Liz Garcia, a spokeswoman for Mayor Adams, said the administration was “devastated” to learn of the deportation order: “No one in our city should ever feel afraid to attend a court hearing, send their child to school, go to the emergency room or call 911. We will continue to closely monitor Dylan’s case and are reviewing all options to best support him and his family.”
Originally Published: September 24, 2025 at 3:53 PM EDT