Judge grants 72-hour stay for Mass. high schooler detained by ICE

An 18-year-old Massachusetts high school student who was detained by federal immigration agents Saturday must be kept in the state for at least 72 hours, a federal judge said Monday. His attorney asked for his immediate release.

Milford High School junior Marcelo Gomes da Silva was detained by Immigration and Customs Enforcement agents while he was traveling to volleyball practice Saturday morning, according to friends and family.

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NewsCenter 5 has learned that Gomes da Silva is being held at an ICE facility in Burlington.

Acting ICE Director Todd Lyons said Monday that members of law enforcement were looking for Gomes da Silva’s father during the initial traffic stop.

“We were looking for the father … they made a traffic stop on that vehicle, which was the father's vehicle. He was driving that vehicle. But like any local law enforcement officer, if you encounter someone that has a warrant or, like I said, is here illegally, we will take action on that,” Lyons said.

Department of Homeland Security Assistant Secretary Tricia McLaughlin said ICE agents were "engaged in a targeted immigration enforcement operation" to apprehend Joao Paulo Gomes-Pereira, an "illegal alien (who) has a habit of reckless driving at speeds in excess of 100 miles per hour through residential areas."

"Officers identified the target’s vehicle, and initiated a vehicle stop with the intention of apprehending Joao Paulo Gomes-Pereira. Upon conducting the vehicle stop, officers arrested Marcelo Gomes-Da Silva, an illegally present, 18-year-old Brazilian alien and the son of the intended target," McLaughlin said in a statement.

"His dad hasn't turned himself in yet," Lyons said. "And his dad knows he's the target of it."

Video: ICE says student detained during traffic stop targeting father

In a writ of habeas corpus filed with the U.S. District Court of Massachusetts, attorney Miriam Conrad wrote that Gomes da Silva has "no criminal history anywhere in the world" and requested his immediate release from a detention center in Burlington.

According to Conrad, Gomes da Silva came to the United States from Brazil with a student visa in 2012, and his family has lived in Milford.

"His student visa status has lapsed, but Petitioner is eligible for and intends to apply for asylum," she wrote.

U.S. District Judge Richard Stearns said Monday that Gomes da Silva must remain in Massachusetts for at least 72 hours, 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.

Massachusetts Gov. Maura Healey responded to the detainment, demanding to know more information about why Gomes da Silva was arrested.

“I’m disturbed and outraged by reports that a Milford High School student was arrested by ICE on his way to volleyball practice (Saturday). Yet again, local officials and law enforcement have been left in the dark with no heads up and no answers to their questions," Healey said in a statement Sunday. "I’m demanding that ICE provide immediate information about why he was arrested, where he is and how his due process is being protected."

Massachusetts Sen. Ed Markey also responded to the ordeal on Monday, demanding Gomes' release.

Milford Schools Superintendent Kevin McIntyre said the district has no role in immigration enforcement operations and that the district supports immigrant families in the same way as all others.

"We have also had a number of parents who have been detained by ICE in recent weeks. We are all distraught by this news," McIntyre said in a statement. "They are members of the community, students in our classrooms, athletes that compete representing Milford, musicians, artists, friends, and neighbors. We will do everything in our power to support our students and families during these difficult times."

Hundreds of students at Milford High School staged a walkout Monday to show support for their classmate. Students lined up along West Fountain Street holding signs reading "Free Marcelo" or "I support Marcelo."

"I think because of Marcelo and how he acted towards people is why so many people came out here today to help support Marcelo," said Gomes da Silva's girlfriend, Julianys Rentas Figueroa.

"I don’t wish this on anybody. It’s horrible. Being taken into the hands of someone that you don’t know and potentially leaving the country. I wouldn’t wish that on a single person ever," said volleyball teammate Colin Greco. "He lives here for a reason. He deserves to stay."

Milford police Chief Rob Tunsio said his department learned about the arrest from the school district. He said that local officers were not involved but are now looking into the situation.

Sky 5: Students rally for Marcelo Gomes da Silva with Milford HS walkout

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