Accused migrant released on bail

BROCKTON – A legal Haitian immigrant accused of raping a 15-year-old girl in a Rockland hotel was released from jail this week, despite immigration authorities holding him in custody.

Cory Alvarez, 26, must undergo home quarantine with GPS monitoring following the conclusion of a dangerousness hearing on Tuesday, June 25, in Brockton Superior Court.

He is allowed to leave the house for church services, legal and medical appointments and job interviews. Judge Mary Sullivan said the $500 bail was a significant amount for someone with no income and advised him to continue his Bible study and English classes remotely if possible.

He is no longer allowed to have any contact with the victim, who has since moved to an unknown address.

He will be staying at his girlfriend’s mother’s house in Brockton. His public defender, Brian Kelley, declined to comment on his status the day after the hearing.

More:Haitian migrant accused of rape in Rockland hotel remains held without bail

Alvarez, 26, has been in jail since his March 13 arrest. He was indicted by a Superior Court grand jury on May 21 and arraigned on May 31. He has pleaded not guilty to one count each of aggravated rape of a child with an age difference of 10 years and rape of a child with use of force. Authorities say the alleged crimes occurred at the Comfort Inn on Hingham Street, which is used as a migrant shelter in Rockland.

Enforcement and Removal Operations, a division of Immigration and Customs Enforcement, issued an arrest warrant for Alvarez on March 27.

In a statement Friday, the Division of Enforcement and Deportation described the detention as a request for state or local law enforcement to notify Immigration and Customs Enforcement as early as possible before a deportable alien is released from custody.

“Warrant officers require that state or local law enforcement authorities detain the alien for a period not exceeding 48 hours beyond the time of his or her otherwise expected release so that ERO can assume custody for the purpose of deportation under federal law,” the statement said.

The court is legally free to ignore the application.

By releasing Alvarez, the Plymouth Superior Court refused to “recognize ERO Boston’s immigration detention order,” the statement said.

Alvarez must report to a probation officer twice a month. His next court date is scheduled for August 13 at 9:30 a.m. in Brockton Superior Court.

Judge explains reasons for rejecting the dangerousness claim

Judge Sullivan said during Tuesday’s hearing that Alvarez’s lack of criminal record and the low likelihood that he could flee contributed to her decision to deny the state’s request to keep him in custody.

She said the state had not made the “clear and convincing” legal case needed to deny his request for bail.

The 15-year-old, who had been at the Rockland shelter with her father and his wife for just a few days, wanted to install WhatsApp on her tablet but couldn’t, her father said. His wife said she spoke to another guest who offered to look into it. That man, the father clarified in his statement, was not Alvarez.

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