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Brazilian father and son detained while fishing, released after judge finds ICE violated due process

May 24, 2026 · Woods Hole, MA, Brazil

Brazilian father and son detained while fishing, released after judge finds ICE violated due process

On May 18, 2026, Rogerio da Silva Lima and his 15-year-old son Nycolas were detained by the U.S. Coast Guard during a recreational fishing trip approximately one mile offshore Martha's Vineyard near Menemsha. Following a vessel safety check, the Coast Guard transferred them to ICE custody at a federal processing facility in Burlington. Da Silva Lima, a Brazilian national who entered the U.S. in 2021 and sought asylum, had a denied asylum application with a removal order issued in 2023-2024. Community advocates and attorneys filed a habeas corpus petition in U.S. District Court of Massachusetts on May 20, which halted a planned transfer to Texas. A federal judge found ICE had exceeded the congressionally mandated 90-day removal period and violated constitutional due process rights. Approximately 200 students at Martha's Vineyard Regional High School, where the son was a freshman, walked out to protest his detention. The teenager was released on May 24 to his older brother, and the father was ordered released by May 28-29.

Timeline

May 28, 2026Father ordered released from ICE custody
May 24, 2026Federal judge found ICE violated due process and exceeded 90-day removal period; teenager released to older brother; approximately 200 students at Martha's Vineyard Regional High School staged walkout in protest
May 20, 2026Community advocates and attorneys filed habeas corpus petition in U.S. District Court of Massachusetts, halting planned transfer to Texas
May 18, 2026Rogerio da Silva Lima and his 15-year-old son Nycolas detained by U.S. Coast Guard during fishing trip near Menemsha and transferred to ICE custody

Sources

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