NYC man detained by ICE is released, reunited with disabled son in time for Thanksgiving

A Manhattan green card holder detained by Immigration and Customs Enforcement for more than three months was released to reunite with his disabled son just in time for the Thanksgiving holiday.

When Héry Gomez returned home on Nov. 22, he said his first priority was to eat a decent meal and then see his mother and son Noah, 18, who lives in a Westchester County hospital. Gomez is the sole caregiver for Noah, who doesn’t speak, has epilepsy and relies on a tracheostomy tube.

Gomez’s cousin, Carolina Zapata, described the father and son’s reunion as a “beautiful moment” that brought her to tears.

“I was filled with so much emotion. I was so happy,” Gomez, 43, said in Spanish. “Noah was really happy. He smiled and laughed a lot. Every time I see him happy, it’s very rewarding for me. I’m so grateful to God for the opportunity to be with him again.”

Noah, who had slept more than usual during the months his father was gone, was continually upbeat in the days after his return.

“He immediately lights up whenever he sees or hears his father,” Zapata, 36, said.

At a Nov. 12 deportation reversal hearing, a government lawyer did not appear to counter Gomez’s lawyer’s argument that he should not be deported. Zapata was one of more than 150 supporters who showed up online for the virtual hearing.

“When I came up, he was crying with fear,” Zapata said of Gomez. “But then when he was told about the judge’s decision and everything the judge said, as far as his character, he was smiling and then crying with joy. He was very, very overcome with emotion.”

Judge Ian Simons made the decision to release Gomez from North Lake Correctional Center in Baldwin, Michigan, citing the extraordinary difficulties his son would face if deported, according to his attorney, Brian Pu-Folkes.

“After nearly three months of unnecessary detention, the Court recognized what has always been true, that Heury met the requirements of the law and deserved to be reunited with his son. Justice has finally prevailed,” Pu-Folkes said in a statement.

“I just felt a huge sense of pride and joy and just confirmation of who Héry is,” Zapata said. “Yes, it’s about justice and fighting back. But it’s also, fundamentally, about helping my cousin, who is like my brother, and I know deep in my gut, in my heart, that he didn’t deserve this.”

Federal agents arrested Gomez at Newark International Airport on Aug. 6 as he was returning home from a short birthday trip to Mexico — a respite before beginning the medical home training needed to bring Noah home from the hospital where he has lived continuously for seven years.

Gomez’s decision to take Noah home to her Manhattan apartment and care for him around the clock follows a months-long custody battle, Zapata said.

Gomez, originally from the Dominican Republic, entered the country legally and has held a green card for nearly two decades, according to Zapata.

Homeland Security officials cited a previous arrest as the reason for his detention.

“On August 6, CBP arrested Heury Gomez Grullon, a criminal illegal alien, who was found inadmissible while attempting to enter the country. He was previously convicted of two counts of assault with intent to do bodily injury and petit larceny,” a DHS statement said.

The Trump administration has labeled green card holders illegally in the country if they have a criminal history, which the administration says bars them from remaining in the country.

Zapata says his cousin’s arrest happened ten years ago and he was convicted of a misdemeanor.

The convictions stemmed from a “small argument” over an EBT card with her former partner, she said. Gomez served 20 days in jail, completed probation and paid fines for the 2015 convictions, but always maintained his innocence, Zapata said.

While in custody in Michigan, Gomez said he did not feel safe.

“It was a very frustrating and stressful experience, because you’re in an environment where there are good people, but there are also a lot of not-so-good people. So you don’t feel safe. You’re mixed in there with other people who are real criminals.”

Gomez also said there was sometimes not enough food to go around, sparking several riots among inmates.

The friends he had made in detention were “so happy and so surprised” when he was released, given how unusual it was, Gomez said.

“They’re taking a lot of innocent people who haven’t really done anything or who have very minor convictions but aren’t really a danger to society, and to put them through this whole detention process is really unfair. It’s very frustrating,” he said.

Gomez and Zapata have already resumed the medical training needed to bring Noah home to their apartment in Hell’s Kitchen, where they will care for him 24 hours a day.

“I’m focused on my son Noah and continuing to provide for my family and get back on my feet and work hard. And I’m doing everything I can to get through this,” Gomez said.

Zapata said she hopes her cousin takes the time he needs to process the whole ordeal.

“It was a traumatic experience for him,” Zapata said. “As happy as we are and as relieved as he is, only he knows what he went through there. And that doesn’t erase the injustice and the scars that remain from the whole ordeal that was so unnecessary.”