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May 12, 2018 10:02 AMPublication: The Southampton Press

East Hampton Sommelier Released From ICE Custody After Posting Bond

May 15, 2018 2:44 PM

An East Hampton man who was detained by federal immigration authorities in April was released from a detention facility in New Mexico after posting bond on Wednesday, May 9.

Luis Marin-Castro was granted bond at a hearing before a federal immigration judge, according to Chimene Visser Macnaughton, the general manager at Wainscott Wine & Spirits, where Mr. Marin-Castro works as a sommelier.

Ms. Macnaughton said that Mr. Marin-Castro flew back to New York with his family on Friday.

Mr. Marin-Castro was helping unload a wine delivery in the parking lot of the Wainscott wine shop on the morning of April 9 when Immigration and Customs Enforcement agents approached him and placed him under arrest.

Mr. Marin-Castro, 31, a native of Ecuador, has lived in the United States since he was 11, and is married to a U.S. citizen; his sisters were both born in the United States, his parents are naturalized citizens, and he was involved in the application process for a “green card.”

He had been living and working legally in the United States under the deferred immigration status given to those who were brought to the country by their parents as minors, known as Deferred Action for Childhood Arrivals, or DACA. But he was found guilty of DWI in 2015, which voided his DACA status and, with the steep uptick in ICE enforcement in the last 18 months, landed him on a priority list for deportation.

His detainment set off an outpouring of support from the local community, and raised more than $60,000 for his legal defense. It also sparked outrage from many about the newly aggressive approach to deportations by the Immigration and Customs Enforcement division of the Department of Homeland Security.

An attorney for the family hired in New Mexico, where he had been taken less than 36 hours after being arrested, successfully won him a relatively rare bond hearing and a chance to argue against his deportation from outside a federal detention center.

Family members this week thanked those who have helped and supported them since his detention and said they were thankful to have him home, but declined to comment.

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This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By JoeBelsito (2), Montauk, New York on May 12, 18 12:22 PM
2 members liked this comment
Is there any indication he didn't suffer the same consequences you did?
By Fore1gnBornHBgrown (8265), HAMPTON BAYS on May 12, 18 9:28 PM
His DWI was several years ago. And his fees were paid for by him, not by the state, county, or town. Everyone on this site needs to relax.
By genavieve29 (1), Sag Harbor on May 12, 18 12:35 PM
He's working illegally, so is he paying taxes? Under who's social security number?

Why isn't the employer being prosecuted?

Most countries would deport a legal alien for getting a DWI, and we're arguing about whether it's acceptable to deport an illegal alien who compounded his law breaking by driving drunk?
By MoronEliminator (215), Montauk on May 12, 18 1:43 PM
He's working legally and paying taxes with a state-issued tax ID number, it was in the last article.
By Fore1gnBornHBgrown (8265), HAMPTON BAYS on May 12, 18 1:49 PM
Yo Joe.. your car was confiscated for one DWI? Really?

PW.. shouldn’t you be at 7-11 waving a sign?
By harbor (415), East Hampton on May 12, 18 1:43 PM
Do you employ illegals? Just wondering what's behind your belief that this country has no right to control it's borders or enforce it's democratically enacted immigration laws. You must hold this country in tremendous contempt to belief we have no right to deport a drunk driving illegal alien.
May 12, 18 1:45 PM appended by MoronEliminator
By MoronEliminator (215), Montauk on May 12, 18 1:45 PM
Are you speaking to me? We employ people who are legal to work in the US, as Luis has been for his whole adult life here. We seek highly qualified wine professionals with a strong background in hospitality.
Luis has management-level qualifications. He's one of very few sommeliers working on LI- he has the skills, the education, and the depth of knowledge to work anywhere in his very competitive field, yet he chooses to stay here and continue to give back to the community where his family makes ...more
By wainscottwine (1), East Hampton on May 13, 18 10:34 AM
So your man was an approved DACA ?
By bigfresh (4666), north sea on May 16, 18 6:06 PM
Bigfresh, you should probably do some research and try to figure out what DACA is.
By adlkjd923ilifmac.aladfksdurwp (747), southampton on May 17, 18 2:27 PM
I grew up here and only personally know 26 or 27 people who have gotten DWI's. I'm willing to overlook their offenses because i know them, but this Sommelier, we should totally throw the book at him. Oh and shame on him for allowing himself to be brought across a 'border' when he was 11 years old! the nerve of some kids.
By adlkjd923ilifmac.aladfksdurwp (747), southampton on May 12, 18 5:41 PM
This guy should have been deported in 2015.
By pigroast (100), East Quogue on May 12, 18 9:40 PM
1 member liked this comment
A state issued tax Id number? No such thing you can only pay federal taxes with a federal id number. nice try
By chief1 (2800), southampton on May 13, 18 11:04 AM
According to the last article he is working "with a state-issued work permit and tax ID number." DACA recipients are also issued federal taxpayer ID numbers.

I'm going to go out on a limb and say that his employers are more familiar with the law than you.
By Fore1gnBornHBgrown (8265), HAMPTON BAYS on May 13, 18 11:15 AM
1 member liked this comment
If he came here when he was 11, he has ben here 20 years, long before DACA so he is not a DACA Kid. He is nothing but another illegal alien who broke our nations laws. Every single illegal alien must eventually be deported and made to apply for citizenship as legal immigrants have for over a century.
By Walt (292), Southampton on May 16, 18 4:05 PM
I think he was actually brought here, he didn't choose to come. How does an 11 year old know what a border is?
He may not have even known that he wasn't a US citizen.
By adlkjd923ilifmac.aladfksdurwp (747), southampton on May 16, 18 4:20 PM
Walt, you raise some good questions, and I think it's because you're not well-versed on the DACA requirements.

The basic qualifications include:

1. Must be in the U.S. prior to June 15, 2007,
2. Must have been no older than 16 at arrival, and
3. Must have been younger than 31 on June 15, 2012.

A big problem with DACA is that those dates no longer make sense, as they were supposed to be temporary in lieu of permanent legislation, but his situation appears to fit ...more
By Fore1gnBornHBgrown (8265), HAMPTON BAYS on May 16, 18 4:51 PM
Wine, Illegal, working legally???
By knitter (1941), Southampton on May 13, 18 11:08 AM
And so many supporters. If it were you or I, we’d be in deep doo doo. Another fine example of illegal criminals being protected and coddled while their employers laugh all the way to the bank
By Moral Dolphin (50), Southampton on May 14, 18 3:28 AM
What "deep doo doo" would you be in that he wasn't?

The only thing his supporters want is to prevent him from being deported.

Would you be getting deported?
By Fore1gnBornHBgrown (8265), HAMPTON BAYS on May 14, 18 6:01 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By HamptonDad (236), Hampton Bays on May 14, 18 7:23 AM
He had a go fund me page to raise money for his attorneys and
family. The illegal community of east hampton helped. Would they help a local who is facing jail time for DWI?
By Win sky (58), Southampton on May 14, 18 10:43 AM
The support came once he was under threat of deportation, not when he was suffering the criminal consequences for drunk driving. The DWI case was adjudicated long before the gofundme page was started.
By Fore1gnBornHBgrown (8265), HAMPTON BAYS on May 14, 18 10:54 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By HamptonDad (236), Hampton Bays on May 14, 18 10:44 AM
Came here illegally, can't follow the law? Get deported. Simple. Why should you be in a country that you aren't a citizen of and breaking the laws of that country without dire consequence. No other country in the world is as lenient as the US with illegal immigrants.
By TrueHamptons (33), Sag Harbor on May 14, 18 12:55 PM