Immigration judge grants release of asylum-seeker who was volunteering across Buffalo

On Thursday afternoon, the asylum-seeker from the Democratic Republic of Congo was expected to walk out of a detention center in Batavia and head back home to Buffalo. An immigration judge granted a request for bond during a hearing Thursday morning.

An asylum-seeker from Africa volunteered across Buffalo. Now he's in ICE custody

Immigration Judge Lena Golovnin, who set bond at $7,500, concluded Kabeya was not a danger to the community, nor was he a flight risk.

"In fact, it appears that he is participating in the community where he resides, and evidence demonstrates significant involvement in the City of Buffalo," Golovnin said.

Kabeya, 24, who was being held at the Buffalo Federal Detention Facility in Batavia, has been volunteering across Buffalo since he moved here.

Federal agents took Kabeya into custody Oct. 31 as he rode his bicycle on Parkdale Avenue. He came to the United States on a student visa and lost contact with his parents, who are presumed dead in violent conflict in the DRC, Sherry Schlenker, a friend of Kabeya, recently told The Buffalo News.

Kabeya's father had been paying for his education. Kabeya moved to Buffalo to live with an uncle and his family, who are permanent legal residents, Schlenker said.

Kabeya was represented at the bond hearing by attorney Siana McLean.

The court allowed observers to attend the hearing via web conferencing. Kabeya had several supporters in attendance, including his uncle and representatives from community groups.

Kabeya's efforts to be granted asylum in the U.S. will continue.

Nicholas Bussi, an attorney for the Department of Homeland Security, told the judge the government's position is that Kabeya's request for asylum was "untimely," something McLean disputed.