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Judge orders ICE not to move detained Milford high-school student out of Massachusetts for at least three days

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Judge orders ICE not to move detained Milford high-school student out of Massachusetts for at least three days

A lawyer for an 18-year-old Milford High School student who may be stashed at ICE's regional office in Burlington today filed a habeas-corpus request today to try to have him released from detention.

At 1:35 p.m., US District Court Judge Richard Stearns issued an order requiring ICE not to move Marcelo Gomes Da Silva out of Massachusetts for at least 72 hours, to give another judge time to consider Gomes's request to be released immediately as he begins the fight to stay in the US.

Judge George O'Toole was later randomly assigned to the case and will decide the request, based on the argument that the way Gomes was grabbed out of a car violated his due-process rights under the Fifth Amendment.

The 72-hour ruling has become the norm in Boston federal court for habeas requests filed by foreign nationals to prevent a recurrence of the case of Tufts graduate student Rümeysa Öztürk, who was grabbed in Somerville, then driven around New England until she was put on a plane and dumped into a for-profit gulag in Louisiana even as her attorney was trying to get a court hearing for her. Habeas hearings are normally held in a court with direct jurisdiction over whatever facility is holding a detainee, which can be difficult if the person is moving hundreds of miles away - or even ditched overseas somewhere.

Gomes, a member of his school band, had been scheduled to play at graduation today. But ICE swarmed a car he was in while on the way to volleyball practice yesterday and grabbed him.

WCVB reports Gomes came to the US when he was just five, has lived in Milford since and was planning on applying for asylum now that his student visa has expired.

Hundreds of Milford residents, Gomes's friends and classmates and US Rep. Jake Auchincloss attended today's rally.

Gov. Healey and Attorney General Andrea Campbell issued statements.

Healey:

Yet again, local officials and law enforcement have been left in the dark with no heads up and no answers to their questions.

I'm demanding that ICE provide immediate information about why he was arrested, where he is and how his due process is being protected. My heart goes out to the Milford community on what was supposed to be a celebratory graduation day. The Trump Administration continues to create fear in our communities, and it's making us all less safe.

Campbell:

This young man is a student, a teammate, and a neighbor. Now he's in ICE custody with no answers.

This isn't safety - it's cruelty.

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