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The New Bedford immigrant who was arrested after agents smashed the window of his vehicle on April 14 is still in custody in New Hampshire even though a judge ordered his release Thursday.
Juan Francisco Méndez will likely remain in custody as Immigration and Customs Enforcement files formal charges. An administrative error caused Méndez to be assigned multiple Alien Registration Numbers, creating confusions among the lawyers, the courts and ICE, according to his lawyer, Ondine Gálvez Sniffin.
Sniffin said Méndez informed her of ICE’s move to file a notice to appear, effectively a document in immigration courts that lists charges, before it was formally placed in the hands of Executive Office for Immigration Review, the official name of the immigration court.
“Juan read the document as best he could,” Sniffin told The Light via text. She said he faces charges of entry without inspection, or illegal entry into the U.S., a misdemeanor for first-time offenders.
The notice to appear filing effectively means that Méndez’s release would be pushed to some time next week at the earliest. It also means that a bond hearing set for May 15 by Judge Donald Ostrom of the Chelmsford Immigration Court appeared likely to go forward.
The filing came a day after Ostrom terminated Méndez’s case due to a failure to prosecute – after almost a month in ICE custody without any charges. Agents smashed his car window on Tallman Street in an April 14 viral video of his arrest, first published by The Light. The judge’s decision effectively made his release from detention at Strafford County Corrections in Dover, New Hampshire, immediately possible on Thursday.
But Sniffin said she swiftly ran into barriers as it was discovered that the Alien Registration Number possessed by ICE was different from that in either her own possession or that of the court. She hypothesized that the A-number confusion may have led to the lack of charges in immigration court records since his detention on April 14.
Sniffin added that it wasn’t unusual for the charged person to receive a notice to appear before their attorney; but the situation was still odd.
“Usually they’ll also file it with the attorney of record,” she said. “I’ve requested it numerous times but because of the A-number fiasco they wouldn’t recognize me.”
ICE Burlington refused to recognize her as Méndez’s attorney Thursday because she had not digitally uploaded a G-28 form saying so, though she said Méndez has such a form on his person.
Motion to release denied
Shortly after Ostrom’s decision, Ryan Sullivan, an attorney representing Méndez in the U.S. District Court for the District of New Hampshire — a separate entity from the Chelmsford Immigration Court — filed an emergency motion for his immediate release. Judge Joseph N. LaPlante denied the motion Friday.
“The government is saying ‘look we made a mistake, with the person we detained for four weeks but we filed the paperwork now, so you should forgive us,’” Sullivan told The Light in an interview after the ruling. “He’s not going to use any extraordinary power to release him right now.”
The case stemmed from a habeas corpus petition filed on April 16, two days after agents detained Méndez. Sullivan said the move was a pre-emptive one to ensure that Méndez’s lawyer and the courts knew his whereabouts at all times.
“These writs of habeas corpus that we’re filing on behalf of these people being swept up nonchalantly was something we didn’t have to do in years past,” he said. “Now, we don’t have that trust and we’re all learning about how we can and how to combat this administration’s secret police tactics.”
Sniffin said the confusion around A-numbers is what created the mess.
“Technically, there wasn’t a bond hearing under his new A-number,” she said, referring to a bond hearing Thursday in Chelmsford moved to May 15. “Essentially they’re getting their way because of a clerical error.”
Sullivan said he still has hopes the court will recognize that the government’s actions denied Méndez his civil rights as he was held in detention for nearly a month.
“The judge said I will not grant relief under this motion,” he said. “He did not say I will not release him.”
Email Kevin G. Andrade at kandrade@newbedfordlight.org.
Since January 20th, 2025, our city has witnessed efforts by the present administration to arrest and detain some of our residents without affording them the due process rights guaranteed to us by US constitutional law. Due process is one of the most important rights we have . The Writ of Habeus Corpus is a fundamental right that safeguards our residents against unlawful imprisonment,. This administration has ignored our US Constitution and we have learned that a number of people have been unjustly detained and imprisoned without due process and the opportunity to have a hearing where they could defend themselves. How many more has this happened to? We don’t know, because this has all been done in haste and in violation of their rights. This violation of our rights has produced a righteous indignation, opposition, and law suits from the people of the United States. In many of these law suits, the administration is losing in the courts. Losing in court does not please this administration, so it now would like to officially suspend the Writ of Habeus Corpus. This means that they could (and certainly would) use this opportunity to jail judges, lawyers, journalists, political opponents, students, and anyone else who publicly disagree with them or their policies. They have already arrested a judge and a mayor and are using the Justice Department to go after former government employees and others. The Director of Homeland Security has said that he will go after current government officials who do not actively help his office .(to violate the Constitution.) We should all support our state and local officials and have their backs if they are attacked. ( Those big for-profit, unregulated detention centers are not only being built for migrants. ) We are now in a race between the tortoise and the hare. The hare (this administration) , is going fast and breaking things and the tortoise ( the court system ) is slower. but steadier. Congressional leadership is MIA. It is up to the rest of us to hold the line so that the courts can keep doing their job to protect our rights. Regardless of our political views, we all should rise up against this. We should tell our representatives and senators to oppose this, and we should all be in the streets peacefully protesting this.
Ms Constant, in your lengthy comment, and opinion on the current administration, you failed to mention several important facts about the previous administration, one of the most important was to simply allow 10 to 15 million illegal aliens enter our country from multiple entry points from California, Arizona, Texas, and northern border states, and wasting the federal & state tax payer funds to support them, many of them are criminals, gang members, and many who were convicted sex offenders of minor children and adults.
As for the US Constitution, our rights, and due process, criminals who violated our immigration laws don’t have those rights, the only due process they’re entitled to are deportation to their country of origin, nothing more, and they shouldn’t even be given the privilege of a flight, or a bus ticket back to where they came from, if I had any say in the matter, I’d make them walk back, the same way they got to America.
I can’t wait until the process is finalized when the IRS will be working with ICE so every illegal immigrant can’t be tracked down at their work place, and they can be arrested while picking up their children at school, and as the adults are arrested, detained, and deported, they can take their children with them, or they can be placed in a foster homes which will take some of the burden off the tax payers.
Keep up the great job Mr. President, we’ll keep more of our tax dollars with fewer illegal aliens her in our nation while they’re returned to their third world countries!!!!
Good, keep him locked up, he violated US immigration law and entered the US illegally, he, and every other illegal immigrants who chose to violate our laws to enter our nation illegally should be found, detained, and deported with an added punishment that they no longer have the option of applying to come to America for at least 5 years. If there’s no serious deterrent to these criminals entering, and re- entering several times after being deported must be punished or this will continue over and over again.
Dear Tax Payer,
The Supreme Court disagrees with you and they know a lot more about the law than either one of us. The real issue is the right of a leader of this country to jail a resident of this country without giving that resident his or her day in court. Without this right, we are not free to exercise any of our other freedoms. No leader should have this power over individuals. Our US Constitution guarantees each resident their day in court if they are accused of a crime. Once you take away this right from any resident, you set a legal precedent . This makes it more possible to take due process rights away from any of us in the future. When this administration talks about suspending Habeas Corpus, that is what they are talking about. This is what happens in dictatorships. I don’t want to live under a dictatorship nor do I want that for my loved ones. Peace be with you.
Thank you for this insightful article discussing the complexities surrounding immigration detention and judicial decisions. I found it particularly useful how it highlights the discrepancies between a judge’s orders and the actions of ICE, which illustrates the essential struggle many immigrants face in the legal system. To add to your points, it’s worth noting that situations like these often lead to fundamental questions about the balance of power between judicial decisions and executive enforcement. For example, there have been instances where courts issued writs of mandamus to compel government agencies to follow through on legal orders, ensuring individuals received the rights they were entitled to. This legal tool can be crucial in expediting cases where swift action is necessary to uphold justice. Moreover, the emotional toll on families and communities is immense, as prolonged custody affects not only the individual but also their loved ones. I’m curious about how legal advocacy groups are strategizing to integrate the use of writs of mandamus in their efforts to safeguard immigrant rights. With these dynamics in mind, how do you think the application of writs of mandamus could change the conversation around immigration enforcement and judicial authority?
Once again, you insist on calling the illegal aliens in America “Residents” when they’re not residents. It’s a crime to violate US immigration law and enter America without applying for a Green card and having a US resident sponsor the applicant and agree to cover their expenses.
By your analogy, you could own a multi family home, and I can illegally break into one of your vacant apartments, and stay there for two years until the court is able to hear your case and order me to be removed from your property.
Also, of you feel so strongly about defending these illegal immigrants, why don’t you cover all the costs to feed, clothe, house, transportation, and educate their children instead of the tax payers funding those needs?
Dear Tax Payer,
My argument is not about people who have entered illegally. It is about protecting my rights and the rights of all residents in my country. The US Constitution, which is the law of our land, does not say “citizens”. It refers to “persons”. The US Supreme Court has affirmed that due process rights apply to ALL persons in our country. This administration is casting a big dragnet and gathering up people, many of whom are innocent. If you let this happen unchallenged, it becomes accepted as precedent. It then becomes possible for the administration to arrest and disappear actual citizens who may be innocent of any crime but unfortunate enough to have disagreed with this administration’s policies This is what happens in dictatorships, where a trumped up charge is levied against and you are deemed guilty. The burden of proving your innocence falls on you. (while you are in a distant prison with no access to lawyers, etc. ) It is not about justifying illegal entry. It is about defending the right of all of us to have due process. If you suspend it for illegals, then it becomes easier later for the rights of actual citizens to be suspended. You would not want one of your loved ones disappeared to a remote prison. You would want your loved one to be innocent until proven guilty, as our law now requires. Our law is now being ignored by this administration. Those carrying out the orders of this administration do not have presidential immunity, and can be held in contempt of court for failing to carry out judicial orders. Peace be with you.
One sentence summary: Supporting Habeas Corpus and Due Process rights for others today will help insure that those rights are available for us and our loved ones tomororrow.
self-correction ” ensure” or guarantee that those rights are available tomorrow
The article highlights administrative errors, such as Méndez being assigned multiple Alien Registration Numbers, which led to confusion among his lawyers, the courts, and ICE. Such bureaucratic mishandling not only delayed his release but also complicated his legal representation.
What struck me was the vivid description of the arrest—agents smashing his car window and detaining him without presenting a warrant. This aggressive approach seems disproportionate, especially considering Méndez has no criminal record in Massachusetts.
The language of the article is clear and factual, presenting the events without sensationalism. It allows readers to grasp the gravity of the situation and reflect on the broader implications for immigrant rights and the justice system.