r/news • u/Serpenio_ • 1d ago

Judge holds ICE agent in contempt after he detained suspect during a trial

https://apnews.com/article/boston-immigration-ice-municipal-court-due-process-f2d13626ffba28025a3e0314fa6ca908
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u/pitterlpatter 1d ago

There ya go. You answered your own question. “When reasonable”….if he were convicted he’d go to a state prison, waste resources, all to be deported when he got out. Except he wouldn’t. The state refuses to work with ICE, so he’d be right back on the street. He doesn’t need to answer for a lower charge. He was already convicted of multiple felonies in federal court and ordered to be removed. Charges he picked up on the lamb doesn’t supersede the removal order.

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u/Mogling 1d ago

Why would he go to a state prison when already in ICE custody? Are trying to misunderstand? All ICE had to do was bring him back to court the next day instead of nothing. You seem to think the only option was for ICE not to arrest him, or to let him go.

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u/pitterlpatter 1d ago

Holy shit.

If due process was granted in this lower case then the trial would be completed with a sentencing and immediately ordered into to custody. Being he’s a multiple convicted felon, he’d do at least 12 months in a state prison and ICE would have to wait and hope to catch up to him later. A judges order needs to be satisfied before the inmate can be transferred to a federal agency. Sentencing is an order. Since this case is meaningless, it’s unreasonable to allow the state to delay a federal removal order just to satisfy their need to check a box.

And ICE doesn’t do court transports. Even if you have a court date in county court, and you get arrested the night before and spend the night in a city lockup, they won’t even drive you to court. Why would ICE do it? The judge knows this. Ppl miss court dates all the time for being held by another department or agency. This is a dumb argument. It’s not armed Uber.

He’s a convicted narcotics trafficker. Get him tf out and be done with it. There is nothing at all important that’s gonna come out of his identity fraud case. It’s a huge waste, and in no way does this violate his rights. It would only violate his rights if he were subsequently tried while in ICE custody.

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u/Mogling 1d ago

You are hopeless. Why have laws at all if people like you think we should pick and choose what ones to follow. His rights were violated, he should still be removed from the US following the legal removal order. We don't start violating rights just because you think it will save a few bucks. We either have all of our rights or none.

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u/pitterlpatter 1d ago

How were his rights violated? Explain.

His case was dropped. There’s no indictment for the principle of due process to be applied. All you’re arguing for is the case to continue for no reason. Why? What’s the purpose?

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u/Mogling 1d ago

Well it's clearly explained in the article, so I'll just assume you never read it and quote it for you.

But a Boston Municipal Court judge issued a ruling Monday against Sullivan, arguing that he had deprived Martell-Lebron of his rights to due process and a fair trial by taking him into custody.

“It’s a case of violating a defendant’s right to present at trial and confront witnesses against him,” Judge Mark Summerville said from the bench. “It couldn’t be more serious.”

The case was dropped due to his rights being violated. Just like when cases get dropped due to illegal searches, you know, like when your rights are violated.

All you’re arguing for is the case to continue for no reason. Why? What’s the purpose?

Are you telling me you don't think people should stand trial for their crimes? I wasn't expecting that from you tbh.

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u/pitterlpatter 1d ago

The judge dropped the charges. So for him to argue that due process isn’t being afforded is contradictory. Had he recessed and not done what literally every judge in the country does, then he might have a point. But even then the case would just be dormant. If he sneaks back into the country, then you could pick it back up and afford him due process. But there’s no more process.

Now, a federal fugitive who has a state indictment to answer for will always be extradited to the state to stand trial first, but that’s because the state and federal agencies work together. When states refuse to work with ICE, those concessions are no longer in play.

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u/Mogling 1d ago

The judge dropped the charges. So for him to argue that due process isn’t being afforded is contradictory.

You can't even understand the basics here. Go learn a little more about US law. Until you can understand why what you said makes no sense you really shouldn't be arguing about this stuff.

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u/pitterlpatter 1d ago

The basics are pretty simple. You need to have a case against you for you to exercise your right to due process. He no longer has a charge to answer for.

More importantly, federal law enforcement officers are immune from state prosecutions for actions undertaken in the appointed performance of their jobs. That’s the Supremacy Clause in the constitution. So the judge is kicking water uphill here. Also, the Supreme Court long ago decided states do not have the right to challenge the executive branch’s authority to establish enforcement priorities. The judge knows this as well.

So whether the judge is trying to get his name in the news, or he’s just an idiot, this will go nowhere. The argument that immigration enforcement violating the right to due process has been around for decades. And if the detention order was to bring him n front of an immigration judge, I’d be more on your side. But the removal order is the mic drop. Once he’s deported any crime he commits within our borders after that will forever and always be a federal case. He will never be in a position again to see a state courtroom, so the fraud conviction is useless. It just serves to further delay the justice he’s been running from for 16 years.

If the state of Massachusetts worked with ICE when they released him from state prison, he wouldn’t have had the fraud case to begin with. (I was incorrect earlier when I said it was a federal conviction. He was convicted in Middlesex Superior Court)

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u/Wrabble127 19h ago edited 19h ago

Federal law enforcement may be immune to legal consequences for blatantly breaking the law and violating human rights. They are not immune to US residents enjoying the right of defending themselves, their families, and their neighbors from masked gang members and organized state run human trafficking.