The operator of a market in the town of Friendship who was arrested by U.S. Immigration and Customs Enforcement agents over the weekend was ordered to be deported more than 15 years ago, according to the agency.
Dhavalkumar Kalidas Patel was seized by four ICE agents on Saturday at Wallace’s Market on Harbor Road, which he and his wife operate. The business is registered to Robert Gregory of Damariscotta.
His wife said the immigration agents took him away in handcuffs and did not state why he was being detained, according to the Midcoast Villager.
In a statement to the Villager, ICE said Patel, a native of India, illegally entered the U.S. in November 2010 and was arrested by U.S. Border Patrol. He was then released from custody in March 2011, pending the outcome of his removal proceedings but failed to show up for his immigration hearing and was ordered removed by a Justice Department immigration judge on Aug. 8, 2011.
The Bangor Daily News was not able to confirm the timeline provided by ICE or Patel’s legal status in the U.S.
“Patel will remain in ICE custody until removed from the U.S.,” ICE said in the statement to the Villager, which was not attributed to an individual.
After his arrest, a lawyer with Greater Boston Legal Services filed a motion a writ of habeas corpus on behalf of Patel, claiming his arrest and detention violated his constitutional right to due process. He was granted an emergency stay against being deported by a U.S. District Court judge.
On Monday, another U.S. District Court judge barred federal authorities from deporting Patel, who is being held at the ICE Enforcement and Removal Operations in Burlington, Massachusetts, and ordered that he not be transferred to another district unless the government provides at least 72 hours advance notice.
In his ruling, the federal judge noted that the right to due process has long applied to citizens and non-citizens alike.
