A Boston high school student who was detained by immigration agents on Saturday while he was on his way to volleyball practice must be kept in Massachusetts for at least 72 hours, a federal judge said on Monday.
Marcelo Gomes Da Silva, 18, entered the United States on a student visa, according to a lawsuit filed on his behalf after his arrest. While his student visa status has lapsed, he is eligible for and intends to apply for asylum.
US district judge Richard Stearns ordered the 72-hour stay on Monday to “provide a fair opportunity for the judge who will be randomly assigned to this case” to review merits and rule on any contested issues.
Nonetheless, the head of US Immigration and Customs Enforcement (Ice) on Monday defended his agency’s actions, saying the teen in question was “in this country illegally and we’re not going to walk away from anybody”. Gomes’s attorney asked for his immediate release.
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