What happens to a Massachusetts criminal case when federal immigration agents take the defendant away before it ends? On Monday, October 5, 2026, the Supreme Judicial Court heard three cases that ask that question from three directions. One defendant was arrested by ICE in the middle of his trial. One was deported to Haiti while his case sat open. One was deported, came back, and was arrested again.
The answers will affect far more than three cases. Federal immigration officers detained 614 people at Massachusetts courthouses in 2025, more than double the 282 detained in 2024, according to Trial Court security data reported by MassLive. One defense lawyer told the court at least 30 Massachusetts cases are in the same limbo, CommonWealth Beacon reported.
The three cases
Commonwealth v. Martell-Lebron. Wilson Martell-Lebron, a Dominican national, was on trial in Suffolk County for giving false information on a license application when an ICE agent who was part of the prosecution’s case arrested him outside the courthouse mid-trial, CommonWealth Beacon reported. Judge Mark Summerville dismissed the case with prejudice for “egregious prosecutorial misconduct,” concluding that two state troopers knew of the plan and communicated with the ICE agent. The Suffolk District Attorney’s office appealed, arguing that the arrest was a “separate, sovereign, federal action.”
Commonwealth v. Noralus (SJC-13882). Freslet Noralus, charged with assault with a dangerous weapon, was taken into ICE custody in May 2025 and moved to a detention facility in Kentucky. Judge David Sorrenti declined to issue a writ of habeas corpus to bring him back for trial, concluding he lacked authority over someone held out of state, and the court issued a default and a warrant for his arrest. Noralus has since been deported to Haiti.
Commonwealth v. Loredo (SJC-13875). Jaime Loredo was arrested on drug charges in 2025 and detained by ICE immediately after his family posted bail, then moved to Virginia. The judge issued several writs to bring him to court; ICE honored some and ignored others, and the prosecutor never sought a federal writ, according to CommonWealth Beacon. When he did not appear, the court issued a default warrant. He was deported in October 2025, re-entered the country, and was arrested again.
The four questions
- Do prosecutors have to warn the judge? If the prosecution knows ICE plans to detain a defendant, must it tell the court? Chief Justice Kimberly Budd asked: “Why wouldn’t the prosecution give the judge the information it has?”
- Is the ICE agent part of the prosecution team? In Martell-Lebron’s case, the agent was a prosecution witness. Justice Frank Gaziano told the prosecutor: “I’m not buying your argument that he’s not a member of the prosecution team after the discovery stage.” Justice Gabrielle Wolohojian said the agent “caused the defendant’s unavailability for trial.” If the agent counts as part of the prosecution, his conduct can be attributed to the Commonwealth, which is what supported dismissal.
- Must the court try to get the defendant back? A writ of habeas corpus is a court order directing the custodian to bring a person to court. The question is whether a Massachusetts judge can, and must, issue one to federal immigration authorities holding a defendant in another state. Justice Dalila Argaez Wendlandt: “You have to try. I’m not just making that up. I think it’s the case law.”
- What if trying fails? This was the hardest question, according to both outlets. The trial judges in Noralus and Loredo issued default warrants to keep the cases open. Defense lawyers argued a default is the worst option: it can be held against the person in immigration proceedings, making it more likely the person is held on immigration bond or barred from returning, which makes it less likely the state case will ever be tried. They urged dismissal without prejudice, which lets prosecutors refile later.
Why dismissal without prejudice keeps coming up
David Rassoul Rangaviz, Noralus’s lawyer, compared the situation to the Lavallee protocol, which during the 2025 public defender shortage required dismissal without prejudice of cases where a defendant who could not afford a lawyer went too long without one. Prosecutors tracked those dismissed cases and could revive them. He argued the same approach would protect defendants’ rights without ending prosecutions for good, MassLive reported.
Bristol Assistant District Attorney Shoshanna Stern said prosecutors want a way to keep cases open and identifiable: “I don’t think there’s something magic about defaults, but they may be integral to how this is currently done.”
Rangaviz also asked the court to issue guidance before its formal opinions, as it did during the COVID-19 pandemic, given the number of cases affected.
What the ruling could change
- A disclosure duty. If the SJC holds that prosecutors must tell the judge about known ICE plans, judges could adjust schedules or address custody before a defendant disappears mid-case.
- The scope of the prosecution team. A ruling that a federal agent working with prosecutors is part of the team would expose the Commonwealth to sanctions, including dismissal, for that agent’s actions.
- Writs to ICE. A ruling that judges have the power, and the duty, to seek a defendant’s return from out-of-state federal detention would change how judges like the one in Noralus’s case respond.
- Defaults. A ruling barring default warrants against people the court knows are in ICE custody would require some other way to keep those cases on the books.
None of this binds ICE. As MassLive noted, there is no guarantee federal authorities will cooperate with a state writ. The SJC’s power is over Massachusetts prosecutors and judges, and over what happens to the state case.
Frequently asked questions
What happens to a criminal case in Massachusetts if ICE detains the defendant?
Right now it varies. Some judges issue default warrants to keep the case open; one judge dismissed a case for prosecutorial misconduct. The SJC heard three appeals on October 5, 2026 that ask it to set rules.
How many people did ICE detain at Massachusetts courthouses?
614 in 2025, up from 282 in 2024, according to Trial Court security data reported by MassLive.
Can a Massachusetts judge order ICE to bring a defendant to court?
A judge can issue a writ of habeas corpus, but whether a state court can compel federal authorities holding someone out of state is one of the questions before the SJC. In Loredo’s case, ICE honored some writs and ignored others.
When will the SJC decide?
No date has been set. The SJC usually issues opinions within months of argument. One defense lawyer asked the court to issue interim guidance sooner.
Sources: MassLive and CommonWealth Beacon, October 5-6, 2026 (quotations from the argument). Docket numbers SJC-13882 (Noralus) and SJC-13875 (Loredo) are as published online; we could not open the dockets, which are behind a security check, to confirm them. We have not reviewed the briefs. General information about Massachusetts law, not legal advice.