Deported Mid-Case: NY Court Weighs Video Trial Option

You were arrested, released, and told to come back to court — then ICE detained you at work and deported you before your next hearing date. That is exactly what happened to Victor Sumba, a construction worker from Ecuador living in Nassau County, New York. In October 2026, a Nassau County District Court judge refused to automatically issue a bench warrant against him, finding that punishing someone for a missed court date caused entirely by the government's own deportation action raises serious fairness concerns.

What the court decided — and why it matters

Sumba was arrested on May 21, 2026, on misdemeanor charges of third-degree assault and endangering the welfare of a child, stemming from a domestic dispute. He was released on his own recognizance the same day. Eight days later, ICE detained him while he was reporting to his second job. He was deported to Ecuador on June 22, 2026 — before the prosecution had even made a plea offer or turned over discovery materials. When he did not appear in court on July 6, 2026, prosecutors asked Judge Jaclene Agazarian to issue a bench warrant (a court order for his arrest). Defense attorney Scott Leemon objected, arguing that Sumba had not willfully skipped court — the government had physically removed him from the country. The judge agreed that issuing a warrant under these facts would be unfair, and ordered both sides to explore alternatives before she rules on the warrant or dismissal requests.

The alternative the court identified is a New York law that took effect January 5, 2026: Rule §200.9-a of the Uniform Rules for the New York State Trial Courts, which allows "hybrid proceedings" — hearings where the defendant appears by video from another location while the judge and at least one attorney remain in the courtroom. The court also cited CPL §182.20, which allows a defendant to plead guilty or attend a sentencing electronically if both sides consent. Judge Agazarian noted she found no rule barring a defendant from participating electronically from outside the United States. The parties were ordered to confer before the next court date of November 4, 2026, to decide whether either side will request or agree to a video appearance and for what purpose.

The prosecution argued Sumba's absence was his own fault because he had allegedly reentered the US while inadmissible, and that the domestic violence charges are serious — pointing to a 911 recording and body camera footage showing the complainant in distress, as well as a prior misdemeanor conviction from 2014. The defense countered that Sumba is the family's sole provider, that one of his children has autism, that the complainant does not want to pursue charges, and that no discovery has been provided despite repeated requests. The court did not rule on dismissal yet, but made clear it will address that request if no electronic proceeding moves forward.

What to do if ICE detained or deported you while a criminal case is pending

• Stay in contact with your criminal defense attorney even after deportation — as this case shows, your lawyer can still file motions and fight on your behalf from abroad.
• Ask your attorney whether New York's hybrid proceeding rules (or similar laws in your state) allow you to appear by video for a plea, sentencing, or other hearing.
• Do not assume a missed court date automatically means a bench warrant — your lawyer can object and explain to the judge that your absence was involuntary.
• If a bench warrant is issued, it can create serious obstacles to any future lawful return to the US; talk to both a criminal defense attorney and an immigration lawyer about the combined consequences before any decision is made.

Related: our step-by-step guide — “Appealing to the BIA”.