Lunn v. Commonwealth, et al. (Lawyers Weekly No. 10-123-17)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557- 1030; SJCReporter@sjc.state.ma.us SJC-12276 SREYNUON LUNN vs. COMMONWEALTH & another.[1] Suffolk. April 4, 2017. – July 24, 2017. Present: Gants, C.J., Lenk, Hines, Gaziano, Lowy, Budd, & Cypher, JJ. Alien. Arrest. Civil action commenced in the Supreme Judicial Court for the county of Suffolk on February 7, 2017. The case was reported by Lenk, J. Emma C. Winger (Mark Fleming, of New York, & Alyssa Hackett, Committee for Public Counsel Services, also present) for the petitioner. Joshua S. Press, of the District of Columbia, for the United States. Jessica V. Barnett, Assistant Attorney General (Allen H. Forbes, Special Assistant Attorney General, & Sara A. Colb, Assistant Attorney General, also present) for the Commonwealth & another. The following submitted briefs for amici curiae: Sabrineh Ardalan, of New York, Philip L. Torrey, Mark C. Fleming, & Laila Ameri for Immigration and Refugee Clinical Program at Harvard Law School. Christopher N. Lasch, of Colorado, for David C. Baluarte & others. Karen Pita Loor for Criminal Defense Clinic at Boston University School of Law. Omar C. Jadwat, of New York, Spencer E. Amdur, of Pennsylvania, Cody H. Wofsy, of California, Matthew R. Segal, Jessie J. Rossman, Laura Rótolo, Carlton E. Williams, Kirsten V. Mayer, Kim B. Nemirow, & Laura Murray-Tjan for Bristol County Bar Advocates, Inc., & others. BY THE COURT. After the sole pending criminal charge against him was dismissed, the petitioner, Sreynuon Lunn, was held by Massachusetts court officers in a holding cell at the Boston Municipal Court at the request of a Federal immigration officer, pursuant to a Federal civil immigration detainer. Civil immigration detainers are documents issued by Federal immigration officers when they wish to arrest a person who is in State custody for the purpose of removing the person from the country. By issuing a civil detainer, the Federal officer asks the State custodian voluntarily to hold the person for up to two days after he or she would otherwise be entitled to be released from State custody, in order to allow Federal authorities time to arrive and take the person into Federal custody for removal purposes. The United States Supreme Court has explained that, “[a]s a general rule, it is not a crime for a removable alien to remain present in the United States,” Arizona v. United […]