A Gujarati-origin convenience store owner living in the United States has been detained by the US Immigration and Customs Enforcement (ICE) in the state of Maine, with his lawyers challenging the arrest in federal court while immigration authorities maintain that he has been under a final deportation order since 2011.
The man, identified as Dhaval Kalidas Patel, owns and jointly operates Wallace Market in Friendship, Maine, with his wife. Patel was arrested by ICE officials on June 27 while he was working at the store’s cash register. According to local media reports, federal agents handcuffed him and took him into custody without explaining the reason for his arrest.
Lawyers File Habeas Corpus Petition
Patel’s legal team, led by Attorney Audrey Richardson of Greater Boston Legal Services, filed a habeas corpus petition before a federal court, arguing that he was unlawfully detained. The petition seeks a court order requiring ICE to produce Patel before the court and challenges the legality of his detention.
Within hours of the petition being filed, US District Judge Indira Talwani issued an emergency order restraining ICE from transferring Patel to a detention facility outside Massachusetts while the court considers the case.
Patel is currently being held at the Plymouth County Correctional Facility in Massachusetts. The federal government has been directed to respond to the petition by Monday, July 6, while a hearing date is yet to be fixed.
Family Raises Concerns Over Arrest
According to Patel’s attorney, he is a hardworking family man who supports his wife and their US-born child. The petition alleges that ICE officers initially failed to identify themselves or explain where they were taking him during the arrest.
It further claims that Patel was permitted to make a phone call only after he had been transported to Scarborough, raising concerns over the manner in which the operation was carried out.
ICE Says Patel Has Been Under Final Removal Order Since 2011
ICE, however, has defended the arrest, stating that Patel has been subject to a final order of removal for nearly 15 years.
In a statement issued on June 29, the agency said Patel entered the United States illegally on November 1, 2010, and was apprehended by the US Border Patrol. He was released from detention on March 18, 2011, but subsequently failed to appear before immigration authorities and the immigration court.
As a result, an immigration judge issued a final removal order in absentia against Patel on August 8, 2011. ICE said Patel would remain in federal custody pending deportation proceedings.
Local Police Were Notified
The report also quoted Knox County Sheriff Patrick Polky, who said federal immigration agencies are generally not required to notify local police before conducting such operations. However, he confirmed that ICE had informed his office in advance in Patel’s case.
Court Battle Ahead
The legal challenge has now moved to federal court, where Patel’s lawyers will argue that his detention violated legal procedures and seek his release. The US government, meanwhile, is expected to defend the arrest on the grounds that Patel has been under a valid deportation order since 2011.
With the federal government set to respond by July 6 and a hearing expected thereafter, the case will determine whether Patel remains in custody pending deportation or secures temporary relief while his legal challenge proceeds.
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