Charges Dismissed Against Hyannis Man In ICE Custody

ORLEANS – Charges against a Hyannis man who has been unable to appear in court due to his detainment by Immigration and Customs Enforcement have been dismissed.

 Thiago Bastos, 27, was arrested May 10 on charges of operating under the influence of liquor, negligent operation of a motor vehicle, failure to stop for police and a marked lanes violation. He was placed in ICE custody following his May 12 arraignment, and has been held in an ICE detention facility in Berlin, N.H. since May 29, according to court records.

 Orleans District Court Judge Robert Welsh on Dec. 22 allowed a motion to dismiss the charges against Bastos due to ICE’s inability to present him to appear in court. In his decision, Welsh said that Bastos’ rights to a speedy trial “have been violated by the federal government's repeated refusal to honor state process to bring the defendant to court.”

 “It’s good that this jurisdiction understands what due process means, and won’t be influenced by outside political aberrations,” Bastos’ attorney, Thomas Rugo, said Dec. 30.

 Bastos’ last hearing in district court was Dec. 16. It was the fifth consecutive date in which Bastos failed to appear despite an order from the court in June to appear either in person or via Zoom. Outside the court, a group of protesters held signs in support of Bastos’ release.

 Assistant District Attorney Shaunna Souve said during the Dec. 16 hearing that the Cape and Islands District Attorney’s Office has been unsuccessful in several attempts to get in contact with ICE officials regarding Bastos’ need to appear in court. That included a request that Bastos appear for a hearing in August via Zoom.

 Rugo argued for the charges against Bastos to be dismissed during the Dec. 16 hearing, citing his client’s right to a speedy trial under the Sixth and Fourteenth Amendments of the Constitution, Articles 11 and 12 of the Massachusetts Declaration of Rights and the Massachusetts Rules of Criminal Procedure.

 “The Commonwealth must take necessary steps to bring the defendant to court if they wish to proceed with this case against the defendant, or this matter must be dismissed,” the motion reads.

 Welsh continued the hearing to Jan. 22 and agreed to take the matter under advisement. Souve argued against dismissing the charges, noting that Bastos’ failure to appear was not the fault of the Commonwealth. But Welsh registered his decision to dismiss the charges days after the Dec. 16 hearing.

 A spokesperson for Cape and Islands District Attorney Rob Galibois declined to comment on the decision to dismiss when reached by email last week.

 But despite the dismissal of the charges, Bastos, who is originally from Brazil, remains in ICE custody. Rugo said Bastos has lived in the U.S. for about 14 years.

In September, a judge in Chelmsford Immigration Court ruled in favor of Bastos’ deportation. An appeal of the decision was filed Oct. 8, but no future dates are scheduled regarding Bastos’ case, according to information on file with the Executive Office of Immigration Review.

 Bastos’ immigration attorney, Selenia Destefani, did not respond to requests for comment as of The Chronicle’s deadline.