The romantic partner of a city deputy commissioner detained more than two months ago by federal immigration agents has been released after a judge found his due process rights had been violated, the Daily News has learned.
Nathaniel Rojas, a native of the Dominican Republic, had been held in an Orange County NY jail since Aug. 28 when agents suddenly appeared at the Riverdale apartment where he lives with Correction Department Deputy Commissioner Wendy Garcia.
“The court has determined that the government violated petitioner’s procedural due process rights under the Constitution, and he is therefore entitled to release,” U.S. District Judge Lewis Liman wrote in a 17-page decision filed late Thursday.
Rojas’ lawyer Reuben Kerben declined to comment.
In laying out the intricate chronology of the case, Liman explained that Rojas has lived in the U.S. since 2000 and obtained status in 2009 as a lawful permanent resident.
As The News previously reported, he was convicted three times on criminal charges in 2017 for identity theft, credit card theft and drunk driving with a minor in the car. But he was not deported and worked for a Queens used car dealership and later landed a job with Lincoln Hospital.
In December 2022, Rojas left the U.S. to visit the Dominican Republic, the Liman decision states. On his return a month later, immigration officials allowed him to re-enter while his immigration case was still pending here.
Rojas argued in an immigration proceeding in 2023 he had a right to remain as a lawful permanent resident, had no aggravated felony convictions and was of good moral character, Liman wrote. As of June 2025, the case was pending in immigration court.
“Rojas was paroled into the United States. He lived here freely for years. His parole status was never revoked,” Liman continued.
“He is therefore entitled to notice of such revocation before it occurs, and an individualized explanation as to why. As the Government concedes, that did not happen. He is therefore entitled to release.”
It remains unclear whether the government will attempt once again to deport Rojas. An ICE spokesperson did not immediately respond to a request for comment.
The case attracted attention not only because of Garcia’s status in city government but because despite his criminal record, the job Rojas landed at the city-funded Lincoln Hospital was in patient relations where he would have access to sensitive medical information.
NYC Health + Hospitals spokesman Christopher Mille had told the News previously that Rojas applied for the Lincoln job via “regular channels” and was “subject to standard background checks including fingerprinting.” Miller also noted criminal convictions don’t “necessarily disqualify” applicants from “consideration or eventual hire.”
The News had also reviewed photos that show Garcia and Lincoln CEO Cristina Contreras socializing in a number of settings, including at Garcia’s birthday party in September 2023. Another picture shows Contreras giving Garcia an award at a Hispanic Heritage Month event at Lincoln Hospital in October 2024.
Garcia was also previously married to a brother of Transportation Commissioner Ydanis Rodriguez and worked for Rep. Adriano Espaillat.
Reps for the Correction Department, Mayor Adams and the Health and Hospitals Corp., which oversees Lincoln, did not immediately reply to requests for comment.
