NEW YORK (PIX11) — A New York City Council employee detained by federal immigration agents last week remains in custody after appearing before an immigration judge. Rafael Bojorquez, a 53-year-old data analyst originally from Venezuela, attended what attorneys call a master hearing on Wednesday. During that initial court appearance, a judge formally presented the government’s charges against him. Bojorquez’s attorney, Roger Asmar, says he is now filing a motion seeking his client’s release, arguing Bojorquez is neither a criminal nor a flight risk. “He is not a danger to society. He is not a flight risk,” Asmar said. Bojorquez remains held at a detention facility in Orange County while the case moves forward. Asmar also plans to challenge the government’s claim that Bojorquez lacks legal status. According to the attorney, Bojorquez has authorization to work in the United States, with a valid work permit through October 2026. “I’m going to contest the charge that he is undocumented,” Asmar said. “He has a legal status to work in the United States.” Bojorquez came to the U.S. in 2017 on a tourist visa and later received Temporary Protected Status, or TPS. Although the Trump administration suspended TPS last year, a federal lawsuit allowed some applicants to keep their work permits, which Asmar says applies to Bojorquez. In a statement, the Department of Homeland Security referred to Bojorquez as a “criminal” and said he did not have work authorization. Asmar strongly rejected that claim. “Absolutely not. He’s not a criminal,” he said. “It upsets me to hear that when they have access to verify this through their own systems.” Bojorquez was detained by Immigration and Customs Enforcement during a routine immigration check-in last week. PIX11 News later spoke with him exclusively from inside detention. “I didn’t see that coming. I wasn’t expecting it at all,” Bojorquez said. “I just went to my asylum interview, and then I was told we had to speak with someone else.” PIX11 News has previously asked ICE and DHS to explain their claims regarding Bojorquez’s work authorization. As of Wednesday evening, neither agency has responded. A bond hearing is expected to be scheduled sometime next week.