Milford, Massachusetts teen held by ICE released on bond after first deportation hearing
Marcelo Gomes da Silva, the Milford, Massachusetts teenager detained by ICE last weekend, was released on $2,000 bond after his first deportation hearing Thursday afternoon.
"I'm extremely happy," he told the media after being released.
Gomes da Silva, an 18-year-old junior at Milford High School, is originally from Brazil. He was held at a U.S. Immigration and Customs Enforcement (ICE) office in Burlington after his arrest on May 31. Agents were looking for his father, but when they found Gomes da Silva's student visa had expired several years ago, he was taken into custody.
Gomes da Silva appeared via video at the introductory hearing, which was in Chelmsford. The judge decided that he could be released from custody during the process.
"The court finds the department has not met their burden to demonstrate by clear and convincing evidence that the respondent is a danger to the community, and the bond will be granted," Judge Jenny Beverly said.
Gomes da Silva's attorney, Robin Nice, said they filed for asylum on Thursday. He can pursue a work/student visa and go to college while the case works its way through court.
His next court appearance will likely be in three months to a year due to a backlog in immigration courts, according to Nice.
What to know about Marcelo Gomes da Silva
Gomes da Silva met with his two attorneys in person for the first time Wednesday evening. They said he described the conditions in the Burlington office as "abhorrent" and that he'd been sleeping on the floor and had little food. ICE wanted to move Gomes da Silva to a detention center in Central Falls, Rhode Island, where they said a bed was available, but his attorneys opposed it and a judge agreed.
"That place ... it's not good," Gomes da Silva said after his release. "Ever since I got here, they had me in handcuffs ... I was in a room with a bunch of 35-year-old men and those rooms were small ... I haven't showered in six days."
Gomes da Silva was driving to volleyball practice with some of his teammates Saturday morning in his father's car when he was pulled over by several ICE agents. Gomes da Silva was detained immediately because of the lapsed visa. Nice said he came to the U.S. lawfully from Brazil when he was 7 years old and should not be detained.
During the hearing, Nice described Gomes da Silva as "clean as a whistle." She said his biggest concerns during their meeting were about his family, whether or not his volleyball team won their semi-final game, what would happen with his final exams this week, and the fact that he missed his girlfriend's high school graduation.
"It's a victory to get him out," Nice told reporters after the hearing. "But it's a bit of a hollow victory because he should not have been detained in the first place."
Gov. Maura Healey issued a statement saying that arresting Gomes da Silva "did not make us safer."
"I'm relieved that Marcelo will be returning home to his parents, siblings, classmates and the Milford community. This has been such a traumatic time for this community, and I hope that they find some solace in knowing that the rule of law and due process still prevail," Healey said. "It's not okay that students across the state are fearful of going to school or sports practice, and that parents have to question whether their children will come home at the end of the day."
The teen's father, Joao Paulo Gomes-Pereira, is still wanted by ICE. He appeared in a video with his family earlier this week, pleading for ICE to release his son.
"I don't want anyone to touch my dad," Gomes da Silva said. "He shouldn't deserve to get any hate."
