June 17, 2025 New York, NY – In a significant turn of events, a New York City immigration judge has reinstated the asylum application of a Bronx public school student, overturning a Trump administration effort to fast-track his deportation. The decision offers a renewed chance for Dylan, a 20-year-old asylum seeker from Venezuela, whose case garnered national attention after he was arrested and placed in expedited removal proceedings.

Immigration Judge Olivia Cassin granted a "motion to reconsider" late last week, acknowledging that Dylan, whose last name is being withheld at his family's request, did not possess the "time or information necessary to make an informed and knowing decision about the consequences of dismissal." This ruling effectively reopens his case, allowing him to continue his pursuit of asylum in the United States.

Due Process Concerns Lead to Reinstatement

The initial dismissal of Dylan's case occurred during a routine court check-in on May 21. Appearing without legal representation, Dylan was subsequently arrested by plainclothes immigration authorities at the courthouse and placed into an expedited deportation process.

Judge Cassin's review of an audio recording from that hearing revealed that the information provided to Dylan by the Trump administration regarding the dismissal was "imprecise and potentially misleading." Furthermore, Cassin noted that Dylan should have been on the court's juvenile docket, emphasizing that the dismissal was "greatly prejudicial" to an unrepresented individual.

"By reconsidering its dismissal and reopening these removal proceedings, the court corrects its failure now," Judge Cassin wrote in her decision.

"Outrageously Unjust" Violation of Due Process

Melissa Chua, one of Dylan’s attorneys at the New York Legal Assistance Group, lauded the judge's decision. "We are grateful for this decision, which allows Dylan to continue his pursuit of asylum, as he should have been allowed from the beginning," Chua stated. "This is an important acknowledgement of what was clearly an outrageously unjust and misleading violation of due process."

NYC Judge Reinstates Asylum Bid for Bronx Student Amidst Deportation Battle New York Craze

Dylan currently remains in a Pennsylvania facility, where he continues to challenge his detention and potential deportation in federal court. His case also involves a recent "credible fear" interview with the U.S. Department of Homeland Security (DHS), a crucial step in the asylum process.

DHS has previously asserted that migrants like Dylan, who entered the United States during the Biden administration, should have been placed in expedited removal from the outset. Officials have not yet provided an updated comment on Judge Cassin's latest ruling.

This case highlights the ongoing complexities and legal battles surrounding immigration and asylum policies in the United States, particularly concerning vulnerable individuals without legal counsel. Dylan's reinstated asylum bid offers a glimmer of hope amidst a challenging legal landscape.

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