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lease
statuteleasearraignmentcommon law

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Lunn v. Commonwealth

Facts

Sreynuon Lunn was arraigned on a charge of unarmed robbery, and a civil immigration detainer was issued against him by the Department of Homeland Security. After the criminal charge was dismissed, Lunn was held in a holding cell at the Boston Municipal Court at the request of a federal immigration officer. Lunn's counsel requested his release, but the judge declined, leading to Lunn's continued detention until federal authorities took him into custody.

Lunn was arraigned in the Boston Municipal Court on October 24, 2016, on a single count of unarmed robbery. The day before the arraignment, the United States Department of Homeland Security (department) issued a civil immigration detainer against him.

Issue

Whether Massachusetts court officers have the authority to arrest someone at the request of federal immigration authorities pursuant to a civil immigration detainer.

The question before us, therefore, is whether Massachusetts court officers have the authority to arrest someone at the request of Federal immigration authorities, pursuant to a civil immigration detainer, solely because the Federal authorities believe the person is subject to civil removal.

Rule

Massachusetts law does not authorize court officers to make a civil arrest based solely on a federal immigration detainer, as these detainers are civil in nature and do not constitute a criminal charge.

Having done so, we conclude that nothing in the statutes or common law of Massachusetts authorizes court officers to make a civil arrest in these circumstances.

Analysis

The court analyzed the nature of civil immigration detainers and concluded that they do not provide state officers with the authority to detain individuals beyond their lawful release time. The court emphasized that the detainers are requests, not commands, and that holding someone under these circumstances constitutes an arrest under Massachusetts law.

The court analyzed the nature of civil immigration detainers and concluded that they do not provide state officers with the authority to detain individuals beyond their lawful release time. The court emphasized that the detainers are requests, not commands, and that holding someone under these circumstances constitutes an arrest under Massachusetts law.

Conclusion

The court ruled that Massachusetts court officers do not have the authority to detain individuals based on civil immigration detainers, leading to the dismissal of Lunn's case as moot.

The court ruled that Massachusetts court officers do not have the authority to detain individuals based on civil immigration detainers, leading to the dismissal of Lunn's case as moot.

Who won?

Sreynuon Lunn prevailed in the case because the court determined that his detention based on a civil immigration detainer was unlawful.

Lunn prevailed in the case because the court determined that his detention based on a civil immigration detainer was unlawful.

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