Monmouth County Chef Detained By ICE May Be Released, His Lawyer Says

ATLANTIC HIGHLANDS, NJ — The head chef of a popular Mexican restaurant in Atlantic Highlands, who was taken into custody by U.S. Immigration and Customs Enforcement Oct. 19, may be released Friday.

Ruperto Vicens Marquez has been held at Delaney Hall, the ICE detention center in Newark, since he was detained last month.

On Thursday, a federal immigration judge said Marquez is not subject to a removal order, said Marquez's lawyer, Steven Lyons. This is contrary to what an ICE spokeswoman said earlier, which was that Marquez had a previous arrest for resisting arrest in Red Bank, and a federal judge issued a final order for his removal in July.

"Yesterday the immigration judge set bond in the amount of $7,000, and found Ruperto is not a danger nor a flight risk," Lyons said Friday. "The (judge) also noted Ruperto is not subject to an order of removal."

The U.S. government has until the end of day Friday to file an auto-stay, further detaining Marquez. If it does not, his $7,000 bond can be posted online and he will be released, said his lawyer.

ICE media relations did not respond Friday.

Marquez is the head chef of Emilio's Kitchen, a popular Mexican restaurant owned by his brother, Emilio Vicens. The two brothers were business partners and ran the restaurant together.

The restaurant posted Thursday evening to its Instagram account that Marquez will be released.

"Our prayers have been answered! Ruperto is coming home," wrote Emilio's Kitchen.

Marquez lived with his wife and three small children in the Belford section of Middletown.

He was taken into ICE custody at 6:30 a.m. Oct. 19. He was driving in a van to the restaurant at the time, and several other men were with him, Atlantic Highlands Mayor Lori Hohenleitner said previously.

ICE stopped the van on Center Avenue in Atlantic Highlands, in the area of St. Agnes Catholic church, and Marquez and several other men were put into handcuffs and taken into ICE custody, she said.

"On October 19, ICE arrested Ruperto Vicens Marquez, a criminal illegal alien from Mexico, with a previous arrest for resisting arrest," Tricia McLaughlin, Assistant Secretary for Public Affairs at the U.S. Department of Homeland Security, said Oct. 30. "He entered the country illegally at an unknown time and date. He had full due process. An immigration judge issued him a final order of removal on July 18, 2025."

Marquez's lawyer disputes that, and said his client was not issued a final order of removal.

This police blotter shows Vicens Marquez, 23 at the time, was arrested in 2010 in Red Bank for disorderly conduct and resisting arrest. Red Bank municipal court dismissed the resisting arrest charge in 2010, said his lawyer.

The Atlantic Highlands mayor also said Marquez has valid work papers to work in the United States through 2029.

"To be clear, work authorization does not give anyone legal status to remain in the U.S." DHS spokeswoman McLaughlin said Oct. 30. "Under President Trump and Secretary Noem, if you break the law, you will face the consequences. Criminal illegal aliens are not welcome in the U.S.”

Hohenleitner started this GoFundMe to help his family.

First Patch report: Chef At Popular Atlantic Highlands Mexican Restaurant Detained By ICE (Oct. 30)