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ICE Detainer Ignored by Massachusetts Court in Case of Illegal Immigrant Accused of Kidnapping


WPBN: Emilio Jose Pena-Casilla, a Dominican national who is 46 years old and unlawfully present in the United States, was taken into custody by the Enforcement and Removal Operations (ERO) Boston division of the United States Immigration and Customs Enforcement (ICE).

He is facing a number of serious charges, including assault to rape, kidnapping, indecent assault and battery, and witness intimidation.

It has been reported by Immigration and Customs Enforcement (ICE) that a court in Massachusetts did not grant its request to hold Pena-Casilla, so permitting him to remain free until his latest arrest by ERO officers on December 17.

After being caught by agents of the United States Border Patrol on January 9, 2023, Pena-Casilla was found to have unlawfully entered the United States of America near Eagle Pass, Texas.

This was the beginning of his legal troubles. Additionally, he was enrolled in the Alternatives to Detention (ATD) program that is run by the Immigration and Customs Enforcement (ICE).

On the other hand, he was freed on his own recognizance the next day, and he was eventually terminated from the ATD program in February of 2023.

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Pena-Casilla was arraigned in the Dorchester District Court in July 2023 on various offenses, including kidnapping, assault to rape, and two counts of indecent assault and abuse. These charges were brought against their defendant. His release on bond with GPS tracking was granted by the court, despite the fact that ERO Boston had issued an immigration detainer.

In September, the Suffolk County Superior Court indicted Pena-Casilla on the same counts, and the Dorchester District Court dismissed its prior case. Both of these events occurred simultaneously. Again, Pena-Casilla was released pending the outcome of the trial.

ERO Boston’s Acting Field Office Director Patricia H. Hyde stressed how serious the charges are. She said that the allegations are serious.

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“Emilio Jose Pena-Casilla stands accused of some very serious offenses against a Massachusetts resident,” Hyde stated. “We hold a sacred duty to protect the residents of our communities, and we will continue to do so by apprehending and removing egregious noncitizen offenders from our neighborhoods. Today, another victim in Massachusetts no longer needs to fear their predator.”

Pena-Casilla was granted bail by the Dorchester District Court and then by the Suffolk County Superior Court, despite the fact that ERO Boston had issued repeated immigration detainers against him.

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In these detainers, state or local law enforcement agencies are required to notify Immigration and Customs Enforcement (ICE) prior to releasing a noncitizen from detention. This gives ICE up to forty-eight hours to assume custody for the purpose of deportation.

Despite the fact that federal and local authorities are continuing to pursue legal proceedings, Pena-Casilla is still being held in prison by ICE.

REFERENCE



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