1:25-cv-13402•Pires Do Nascimento v. McDonald et al
Gesamter Gesetzestext
United States District Court
District of Massachusetts
)
Wellington Pires Do Nascimento, )
)
Petitioner, )
)
V. )
)
Joseph McDonald et al. , )
)
Respondents . )
)
Civil Action No.
25-13402-NMG
MEMORANDUM & ORDER
GORTON, J.
Pending before the Court is the petition for writ of
habeas corpus of petitioner Willington Pires Do Nascimento
(" petitioner " or " Nascimento " ) . Petit i oner c l aims that Jo s eph
McDonald and other named respondents (collectively ,
"respondents " ) violated his rights under the Administrative
Procedu r e s Act (" APA " ) and the United St a t es Const i t ut ion by
refusing to grant him bond . Because he was afforded a bond
hearing that comported with statutory and constitutional
requirements , his petition will be denied .
I . Background
A. Facts
Petitioner is a 43 - year - old citizen of Brazil and cur r ent
resident of Salem , Massachuse t ts . He e nt ered t he c o u nt r y on a
B2 visitor visa in 2015 , and in 2016 adjusted his s tatus to an
-1-
Case 1:25-cv-13402-NMG Document 9 Filed 12/23/25 Page 1 of 5Fl Nonimmigrant spouse of an Fl Student Visa holder through his
then - wife Cintia Perreira Ponciano .
Petitioner and his wife were divorced in September, 2022,
and Ponciano moved for full custody of their three children in
September, 2025. Shortly thereafter , Ponciano filed two
complaints with the Salem Police Department alleging that
petitioner was abusing their children and instructing them to
put glass in Ponciano ' s food. Petitioner was arrested and
charged with violating an Abuse Prevention Order , pursuant to
M. G. L . c . 209A , and solicitation to commit a crime.
In October, 2025 , petitioner was summoned to a
dangerousness hearing in Salem District Court , which then
ordered his conditional release without bail . The court also
imposed house arrest , GPS monitoring and a no contact order as
to the alleged victims and witnesses. As petitioner left the
police station , he was arrested by Immigration and Customs
Enforcement ("ICE") agents and he has been detained since then
at Plymouth County Corrections in Plymouth, Massachusetts .
B . Procedural History
On October 16 , 2025, petitioner had a bond hearing at which
the Department of Homeland Security ("OHS") presented evidence
of Ponciano's police reports that led to his arrest . Petitioner
presented evidence of the state court decision ordering
-2-
Case 1:25-cv-13402-NMG Document 9 Filed 12/23/25 Page 2 of 5conditional re l ease but the immi gration judge found t hat petit i oner was a danger to society and denied bond . Petitioner reserved his right to appeal the adverse bond decision to the Board of Immigration Appeals which he did i n a timely fashion . II . Petition for Writ of Habeas Corpus A . Legal Standard A petition for writ of habe a s corp us pursuant to 28 U. S . C . §2241 permits a prisoner to cha lle nge the adminis t ration of his detention rather than its validity . Dinkins v . Boncher , No. 21 - CV - 11847 - AK , 2022 WL 3021108 , at *2 (D . Mass . July 29 , 2022) . The burden is on petitioner to s h ow that his custody violates the Constitution or laws of the United States . Espinoza v . Sabol , 558 F . 3d 83 , 89 (1 st Cir . 2009) . Petitioner is incarcerated purs u ant to 8 U. S . C . § 1 226(a) , whic h al l ows detention of an a l ien pend i ng a remova l dec isi on . Upon arrest , ICE may contin u e to detain t h e alien , who may challenge that decision at a bo n d heari n g before an i mmig ra tion judge . If denied bond , an a l ien may appeal the deci s ion to the BIA . The discretionary decision whether to grant bond i s n ot subject to judicial review but constit u t i onal cha l lenges to detention may be brought under habeas rev i ew . Demo r e v . Ki m, 538 U. S . 510 , 517 (2003) . - 3- Case 1:25-cv-13402-NMG Document 9 Filed 12/23/25 Page 3 of 5
B . Application Petitioner bases his constitutional challenge on the assertion that the immigration judge relied upon untrustworthy police reports from Ponciano in denying his bond. He also cla ims that the denial was arbitrary and capricious under the APA because the immigration judge refused to consider alternatives to detention. Those arguments are unavailing. As an initial matter, the Court is without authority to review the discretionary decision of an immigration judge with respect to a bond determination. Whether , and to what extent , evidence is to be deemed reliable is a decision for that tribunal and is unreviewable by the Court . Further , petitioner has presented no evidence that the immigration judge denied his bond request without considering alternatives to detention. To the contrary , petitioner contends that he presented to the immigration judge the Salem District Court ' s decision to release him under GPS monitoring . It appears likely that the immigration judge conside r ed and rejected taking a similar approach. Such a decision was neither arbitrary nor capric i ous and the proceedings afforded to petitioner satisfied his right to due process. -4- Case 1:25-cv-13402-NMG Document 9 Filed 12/23/25 Page 4 of 5
. .. ORDER For the forgoing reasons , the petition for writ of habeas corpus (Docket No . 1) of Nascimento is DENIED . So ordered. Senior United States District Judge Dated : December 2J , 2025 -5- Case 1:25-cv-13402-NMG Document 9 Filed 12/23/25 Page 5 of 5
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