Lunn v. Commonwealth

by
Holding someone in a holding cell at the request of federal immigration officers, pursuant to a federal civil immigration detainer, constitutes an arrest under Massachusetts law. Furthermore, Massachusetts court officers do not have the authority to arrest someone at the request of a federal immigration authorities, pursuant to a civil immigration detainer, solely because the federal authorities believe the person is subject to civil removal. Petitioner was held by Massachusetts court officers in a holding cell at the request of a federal immigration officer pursuant to a federal civil immigration detainer. Petitioner’s counsel filed a petition in the county court on his behalf, asking a single justice of the Supreme Judicial Court to order the municipal court to release him. Because Petitioner was subsequently taken into federal custody, the single justice considered the matter moot but reserved and reported the case to the full court. The Supreme Judicial Court remanded the case for entry of a judgment stating that Petitioner’s case was dismissed as moot and declaring that Massachusetts law provides no authority for Massachusetts court officers to arrest and hold an individual solely on the basis of a federal civil immigration detainer beyond the time that the individual would otherwise be entitled to be released from state custody. View "Lunn v. Commonwealth" on Justia Law