A man in the middle of a criminal trial in Boston Municipal Court who was arrested by ICE outside the courtroom last week remains locked up as a legal battle over the federal agency’s actions spread to federal court.

Boston Municipal Court Judge Mark Summerville started a flurry of rulings on Monday by first rejecting a motion from the Suffolk County District Attorney’s office that he recuse himself from the case of Wilson Martell-Lebron, who had been on trial before a jury last week for providing fake information in an attempt to get a Massachusetts driver’s license.

Summerville then dismissed the jury and threw out the charges against Martell-Lebron “based on prosecutorial misconduct” and indicated that he wasn’t convinced that prosecutors didn’t know ICE was on the way to the courthouse. DA Kevin Hayden later rebutted the charges and said his office wanted Martell-Lebron’s trial to continue.

The Globe reported that state troopers who may have known ICE was on the way testified that they did not help ICE. Summerville then declared that Brian Sullivan, one of the two ICE agents who grabbed Martell-Lebron last Thursday as he left the courtroom, was in contempt of court for failing to show up on Monday as Summerville had requested.

Rather than issuing a “bench warrant” that would allow police to arrest Sullivan, however, Summerville referred the matter to the DA’s office “for investigation and prosecution.”

But before he could issue that ruling, ICE filed a “removal” motion in US District Court in Boston to have the matter heard before a federal judge, under a Supreme Court ruling that federal employees cannot be compelled to testify in state courts without approval of their agencies.

The case has been assigned to US District Court Judge George A. O’Toole, court records show. O’Toole had not taken any action on the case as of Monday.