ERO Boston arrests Brazilian national for second time, was wanted on felony charges of rape and extortion with threat of injury
Boston Enforcement and Removal Activities of U.S. Immigration and Customs Enforcement A Brazilian national who was wanted on felony allegations of rape and extortion with fear of harm was taken into custody by Boston on December 10.
Agnaldo Moreira da Cruz, 29, was arrested by ERO for the second time following two instances in which he was released from custody by the Barnstable County Correctional Facility and then the Barnstable Superior Court, disregarding an ICE detainer and the terms of a Writ of Habeas Corpus between ERO and Massachusetts.
Rape and extortion with threat of harm are among the extremely serious violent charges for which Moreira Da Cruz has been charged. You don’t want to let this person out into society, but our detainers have been disregarded twice already. The Barnstable Superior Court most recently disregarded their own court order mandating his return to our custody. These choices have put Massachusetts residents at risk of being victims of a convicted dangerous criminal on numerous occasions.
On August 25, 2023, Moreira da Cruz was first taken into custody by the Yarmouth Police and charged in Barnstable District Court with rape and extortion by threat of harm. On that date, Moreira da Cruz was placed under detainer by Boston ERO.
On November 8, 2023, Moreira da Cruz was indicted on felony charges by the Barnstable Superior Court, and on December 7, 2023, he was arraigned. On June 18, he was freed from criminal jail after being detained at the Barnstable County Correctional Facility until an ICE detainer was disregarded. On October 16, ERO found and detained Moreira da Cruz. On November 27, they handed him over with a detainer to the Barnstable Superior Court following a Habeas Corpus request.
In defiance of the ICE detainer and the terms of the Habeas Corpus, Moreira da Cruz was detained without bond at the Barnstable County Correctional Facility until December 5, when he was released from criminal detention by the Barnstable Superior court pending his criminal charges.
Moreira da Cruz is still being held by ICE while criminal and immigration proceedings are ongoing. Noncitizens who have no legal justification for staying in the United States are removed by ERO, including individuals who are the subject of final removal orders issued by immigration judges from the Department of Justice who collaborate with the Executive Office for Immigration Review.