The man charged with attempted murder for an alleged knife attack in Tisbury last weekend will be prevented from being transported out of the state by federal immigration agents while his case continues in court.
At a detention hearing in Edgartown District Court on Friday, Judge Benjamin Barnes ordered Brandao Geraldo Alves Caldeira, 38, to be held without bail for dangerousness. A Habeas Corpus petition was also filed for Caldeira on the same day.
Habeas petitions are used to challenge alleged unlawful detentions and prevent defendants from being moved out of a state or deported while court proceedings are underway.
Caldeira was arrested on Sunday, June 21 after an alleged domestic violence incident that took place at a Cook Road home in Tisbury. He allegedly attacked a female victim and threatened to kill her and others at the scene. He was arraigned on Monday, June 22 on seven counts: attempted murder, assault and battery on a family or household member, threatening to commit crime, assault with a dangerous weapon, assault and battery with a dangerous weapon, malicious destruction of property valued over $1,200, and intimidation of a witness, juror, police, or court official.
District court documents show Caldeira was born in Brazil, and he required a Portuguese translator at his arraignment.
U.S. Immigration and Customs Enforcement (ICE) said in a statement that the agency had lodged a detainer request with Dukes County Jail and House of Correction on June 22. While the agency listed the same charges, ICE identified Caldeira as Geraldo Gomes-Alves.
When asked about the discrepancy, an ICE spokesperson said in a statement that the agency “does not comment on pending litigation. We refer you to Edgartown District Court regarding potential aliases being used.”
Edgartown District Court had closed by the time ICE declined to comment on the name discrepancy. A representative of the Edgartown District Court was not immediately available for comment.
According to court records, a probable cause hearing is scheduled for July 24. Meanwhile, a status review hearing on his holding is Oct. 23.
