LUNN v. COMMONWEALTH

SJC-12276.

477 Mass. 517 (2017)

SREYNUON LUNN v. COMMONWEALTH & another.

Supreme Judicial Court of Massachusetts, Suffolk.

July 24, 2017.


Attorney(s) appearing for the Case

Emma C. Winger , Committee for Public Counsel Services ( 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.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, BUDD, & CYPHER, JJ.


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...

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