Federal judge denies ICE bid to move Milford student out of Massachusetts

ICE s bid to move an -year-old Milford High School aspirant from the Bay State to another location just a day before he s due to be in a Massachusetts immigration court has been blocked by a federal judge According to court filings lawyers for the administration appealed U S District Judge George O Toole if they could transfer Marcelo Gomes Da Silva out of Massachusetts a request which came after the judge had ordered the leadership not to attempt to move the high schooler without providing him at least -hours notice Though greater part court filings in the scenario are sealed and their contents can only be gleaned online dockets show a motion for permission to transfer and a notice of transfer were filed with the court in the name of ICE s acting Field Office Director for Boston Patricia Hyde as well as acting ICE Director Todd Lyons and Department of Homeland Prevention Secretary Kristi Noem A following document added to the docket according to its title denied the leadership s motion to transfer him out of state but left room for an appeal of the ruling Lawyers for Gomes Da Silva proven to the Herald that the establishment s motion to move him had been denied on Wednesday His immigration attorney Robin Nice of the law firm McHaffey Nice explained her client will ask the immigration court to release him from ICE custody on bond during a hearing scheduled for Thursday at p m in Chelmsford According to Nice Gomes Da Silva lawfully entered the U S when he was just -years-old and has since developed deep roots in his society He is evolving in his church a member of his high school s band and volleyball association and is normally surrounded by friends teachers and mentors who care deeply about him Gomes Da Silva is as of now in federal custody after he was arrested by ICE agents on Saturday following a traffic stop Lyons during a Monday press conference commented immigration leaders were looking for the Milford High trainee s father who they allege is subject to removal over past traffic violations and that they located Gomes Da Silva driving his dad s car and took him into custody These sorts of collateral arrests Lyons explained are a consequence of agents working in the field instead of the state s jails or police stations Agents out and about in a public Lyons commented cannot only ignore a person who they encounter who they suspect is subject to removal In an emotional video message shared with the Herald by Gomes Da Silva s attorneys his loved ones issued a plea to ICE saying they just want to see him brought home I love my son We need Marcelo back home It s no family without him We love America Please bring my son back his father Jo o Paulo Gomes Pereira disclosed in the video The Milford High junior his lawyers say has no criminal history and is no threat to the only place he s known as home They hope to convince the judge there is absolutely no need to keep him in custody His strong society ties consistent academic achievement and involvement in positive extracurricular and faith-based initiatives underscore the fact that he poses no danger to the group and is not a flight threat We are hopeful the court will recognize this and grant his release on bond so Marcelo can return to his family and district Nice narrated the Herald His arrest and continued detention she announced doesn t serve any constituents safety purpose The actions by ICE do not make the locality safer they just sow fear among immigrants and their loved ones she explained ICE did not return a request for comment on the judge s denial of their motion to move Gomes Da Silva