By The Patriot Ledger staff A federal judge has dismissed a lawsuit challenging the treatment of 360 immigrants seized in a raid of a New Bedford factory owned by a Pembroke man.
But the judge extended a stay on some deportations for three weeks to give lawyers time to appeal.
U.S. District Court Judge Richard G. Stearns ruled yesterday that the court has no jurisdiction over the immigrants’ claims. A 2005 law stripped the district courts of most authority on immigration appeals and gave the federal Courts of Appeals exclusive power to decide challenges to deportations, Stearns said.
Bernard J. Bonn III, one of the Boston attorneys representing the detained workers, said they will appeal and will also ask the Court of Appeals to extend the stay on deportations.
‘‘We think the court has misunderstood our claim,’’ Bonn said. The immigrants are not directly challenging their deportations, he said.
‘‘We are arguing that the process by which (the workers) were arrested, detained and processed interfered with their rights,’’ Bonn said.
Federal agents raided the New Bedford plant March 6 and took away 361 workers who couldn't prove they were in the country legally.
Factory owner Francesco Insolia, 50, of Pembroke, and two other managers were arrested and charged with conspiracy to hire unauthorized aliens and to induce aliens to live in the United States.
They pleaded innocent and are free awaiting trial.
After the raid, immigration officials flew 206 of the workers to two detention centers in Texas. Stearns issued an order barring authorities from taking any other detainees outside Massachusetts.
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