A Massachusetts mother of four and longtime U.S. resident has been released from immigration custody after being detained earlier this month at Boston Logan International Airport over a decades-old marijuana conviction. Knewz.com has learned that Jemmy Jimenez Rosa, 42, had traveled to Mexico with her family on vacation and was stopped by Customs and Border Protection upon reentry despite holding a recently renewed green card.
The Massachusetts mom was detained after returning from vacation
On August 11, Rosa returned to the United States with her husband and children. Her husband, Marcel Rosa, said he handed over the family’s passports and his wife’s green card before officers escorted her into a private room. She was then held at Logan Airport for four days. According to her lawyer, Todd Pomerleau, she was denied access to a phone, her medications and basic hygiene. “She has diabetes, high blood pressure, mental health issues,” Pomerleau told Newsweek. He added that she was twice hospitalized in those first days of detention. After that period, Rosa was transferred to a detention facility in Maine. “She was in such poor condition that she could barely walk or function,” Pomerleau said.
No official explanation provided for her detention
Pomerleau said he was never given an official explanation for Rosa’s detention, but he believes it stemmed from a 2003 misdemeanor possession charge for a small amount of marijuana. “At most, it could have possibly been a 2003 possession charge for a small amount of marijuana, which was pardoned fully and unconditionally by the governor of Massachusetts. The records were sealed, which means they never would have even had access to them without gaining special permission from the court.” Pomerleau later challenged the old conviction in Roxbury district court, arguing that Rosa did not receive adequate legal counsel when she entered her plea two decades earlier. The judge and prosecutor agreed, vacating the conviction and dismissing the case.
She was later released
Pomerleau filed an emergency motion demanding Rosa’s release, noting she had never been served with a notice to appear. Later that day, she was freed. Her husband described her detention as devastating for the family. In a GoFundMe post, he wrote, “Jemmy is a valid green card holder who was born in Peru and came to the U.S. at the age of 9. No reason for the arrest has been given. She has been held without receiving proper medical care. … Jemmy is very selfless, constantly trying to help out family and friends. Everything’s about the kids with her.” The fundraiser has collected more than $12,500 for legal expenses. Pomerleau said her case illustrates the risks many legal immigrants face under current enforcement policies. “There needs to be fundamental change. Hopefully our case sheds light on the travesty of justice,” he said.
Her detention came amidst broader immigration crackdown
Rosa’s case unfolded against the backdrop of an immigration administration crackdown that has swept up immigrants with legal status as well as undocumented residents. A Customs and Border Protection spokesperson said in a statement, “A green card is a privilege, not a right, and under our nation’s laws, our government has the authority to revoke a green card if our laws are broken and abused. Lawful Permanent Residents presenting at a U.S. port of entry with previous criminal convictions may be subject to mandatory detention and/or may be asked to provide additional documentation to be set up for an immigration hearing.” However, Pomerleau criticized the government’s actions, saying, “What is happening now is unprecedented. It’s an assault on the rule of law and due process.” Massachusetts Congressman Stephen Lynch said the episode raised “red flags in terms of the delay and what services are available to her as a legal permanent resident.”
https://knewz.com/cbp-officers-detain-mom-with-green-card-over-marijuana-conviction-from-decades-ago
