A Milford High School student who was detained by ICE during a recent traffic stop was ordered released on bond on Thursday afternoon.
Marcelo Gomes Da Silva faced an immigration judge in Chelmsford via Zoom, where his attorney, Robin Nice, argued that he has no criminal record and is not a flight risk.
After the court agreed to release Marcelo Gomes Da Silva, Nice told reporters, “The judge granted bond in the amount of $2,000. Obviously, we’re thrilled. That’s the minimum or close to the minimum amount that can be set. She doesn’t have the ability to set no bond.”
Nice is “hopeful” Marcelo Gomes Da Silva will be released by Thursday night, adding he might have to be outfitted with an ankle monitor and be subject to house visits.
The hearing came one day after ICE filed a petition to move the 18-year-old to the Wyatt facility in Rhode Island, which was denied by a federal judge.
The filing stated that immigration authorities have not been able to secure a bed at the Burlington, Massachusetts, facility where Gomes Da Silva had been held. Nice said she learned during the court hearing that her client was transferred to a facility in Plymouth.
“Apparently, he’s in Plymouth, which is news to us,” Nice told reporters. “Because he’s at Plymouth, he still has to get processed out at the Burlington ICE facility.”
Marcelo Gomes da Silvia was on his way to volleyball practice on Saturday when immigration officers detained him, but they say they were looking for his father, João Paulo Gomes Pereira.
ICE officials have alleged that he is wanted for speeding 100 miles an hour through residential areas. Marcelo was driving his father’s car when he was pulled over.
“When we go out into the community, and we find others who are unlawfully here, we are going to arrest them. We’ve been completely transparent with that. He’s 18 years old, he is unlawfully in this country,” said Patricia Hyde, Field Office Director of ICE Enforcement.
Nice has argued that while the student-athlete doesn’t have a current lawful status, he did enter the country lawfully.
“He doesn’t have current lawful status right now, but he did enter lawfully, he has no criminal record, so it does not, his situation does not at all fit into the narrative that ICE is putting out there that only criminals are being targeted,” Nice explained.
Nice said her client missed his high school graduation and semi-finals volleyball match while in custody.
“He is the victim of this ramped-up, irrational immigration campaign,” Nice told reporters.
Boston 25 News found one record in the courts of a citation issued for Gomes Pereira in July of 2023 — court records show Milford Police cited him for failing to yield to a stop sign and driving with a revoked license as a habitual traffic offender. Sources familiar with his driving record tell 25 Investigates that he has had 16 driving-related citations since 2014.
The teen’s mother and father are desperate for their son to return home soon.
“I love Marcelo, we need Marcelo back home. It’s no family without him. We love America, please bring my son back,” his father said in a video message.
A family spokesperson said Marcelo Gomes da Silvia has been transferred to a Plymouth ICE facility and that there are concerns about his health because he hasn’t been eating and has been sleeping on the floor.
Milford Police Chief Robert Tusino says the department was not involved in this operation.
“I am not accusing any agency of doing anything wrong, I am just saying we’re a small community and I think these things come better if the local police can run the investigation because we know the players, we know the people,” said Tusino.
A rally in support of Marcelo Gomes da Silvia is set to be held at 3 p.m.
His case is due back in court on June 26.
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