Benito Vasquez v. Moniz et al

Un i ted 	States 	District Court
District 	of Massachusetts
Benito Vasquez,
Petitioner,
v.
Antone Moniz 	et al ,
Respondent .
GORTON , 	J.
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Civil Action No.
25-13716-NMG
MEMORANDUM 	& ORDER
This 	case 	arises 	from 	the 	petition 	for 	writ 	of 	habeas
corpus 	(Docket 	No. 	1) 	of 	petitioner 	Belizario 	Abraham 	Benito
Vasquez 	("petitioner" 	or 	"Vasquez"). 	This 	is 	not 	the 	first 	time
Vasquez 	has 	appeared 	before 	the 	Court, 	having 	filed 	a 	previous
petition 	for 	writ 	of 	habeas 	corpus 	in 	June , 	2025 . 	That 	petition
was 	denied.
He 	now 	files 	a 	second 	petition , 	claiming 	legal 	and 	factual
updates 	to 	his 	case 	that 	came 	to 	light 	via 	a 	recent 	Freedom 	of
Information 	Act 	("FOIA") 	request . 	He 	contends 	that 	Antone 	Moniz
and 	other 	named 	respondents 	("respondents") 	have 	refused 	to
grant 	him 	a 	bond 	hearing 	on 	the 	basis 	of 	his 	detention 	pursuant
to 	8 	U. S . C . 	§1225(b) , 	despite 	his 	contention 	that 	he 	is 	eligible
for 	such 	a 	hearing 	under 	§1226(a). 	For 	the 	following 	reasons ,
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the 	petition 	will 	be 	allowed 	and 	petitioner 	will 	be 	released
unless 	he 	is 	provided 	a 	bond 	hearing .
I. 	Background
Vasquez 	is 	a 	native 	and 	citizen 	of 	Guatemala . 	He 	entered
the 	United 	States 	on 	May 	20 , 	2024 , 	and 	was 	encountered
immediately 	by 	United 	States 	Border 	Patrol. 	An 	arrest 	warrant
indicates 	that 	he 	was 	detained 	p u rsuant 	to 	§1226 . 	The 	next 	day ,
petitioner 	was 	released 	on 	his 	own 	recognizance , 	a l so 	pursuant
to 	§1226 , 	and 	issued 	a 	Notice 	to 	Appear 	at 	removal 	proceedings .
In 	March , 	2025 , 	petitioner 	filed 	a 	Form 	I - 360 , 	Petition 	for
Amerasian , 	Widow(er) , 	or 	Special 	Immigrant , 	with 	U.S. 	Citizen
and 	Immigration 	Service 	("USCIS " ). 	In 	April , 	2025 , 	an
immigration 	judge 	terminated 	his 	removal 	proceedings 	pursuant 	to
Matter 	of 	Coronado 	Acevedo , 	28 	I&N 	Dec . 	648 	(A.G . 	2022) , 	which
authorizes 	such 	termination 	where 	it 	is 	necessary 	for 	the 	alien
to 	be 	eligible 	to 	seek 	re l ief 	before 	the 	users .
In 	June, 	2025, 	Vasquez 	was 	arrested 	by 	Immigration 	and
Customs 	Enforcement 	("ICE " ). 	He 	was 	served 	a 	Notice 	and 	Order
of 	Expedited 	Removal 	and 	immediately 	requested 	a 	credible 	fear
interview . 	At 	that 	time 	petitioner 	filed 	his 	first 	petition 	for
writ 	of 	habeas 	corpus 	with 	the 	Court , 	claiming 	that 	his
detention 	was 	unconstitutional 	due 	to 	his 	pending 	I - 360 	petition
and 	credible 	fear 	interview . 	The 	Court 	found 	that 	his 	detention
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was 	lawful 	pursuant 	to 	8 	U. S . C. 	§ 	1225(b) 	and 	denied 	his
petition .
Since 	that 	denial , 	an 	immigration 	judge 	has 	found 	that
petit ioner 	has 	exhibited 	a 	credible 	fear 	of 	persecution ,
terminated 	his 	expedited 	removal 	proceedings 	and 	placed 	him 	into
full 	removal 	proceedings . 	He 	avers 	that 	this 	change 	in
circumstances 	renders 	his 	continued 	detention 	without 	bond
unconst itutional .
II. 	Motion
A. Legal 	Standard
A petition 	for 	writ 	of 	habeas 	corpus 	pursuant 	to 	28 	U. S . C .
§2241 	permits 	a 	prisoner 	to 	challenge 	the 	administration 	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 	show 	that 	his 	custody 	violates
the 	Constitution 	or 	laws 	of 	the 	United 	States. 	Espinoza 	v .
Sabol, 	558 	F . 3d 	83 , 	89 	(1st 	Cir. 	2009) .
B . Application
This 	case 	involves 	a 	familiar 	dispute : 	whether 	the
petitioner 	is 	being 	detained 	pursuant 	to 	§1225(b) 	or 	§1226(a) .
As 	the 	Court 	described 	in 	Zamora 	v . 	Noem , 	No. 	CV 	25-12750 - NMG ,
2025 	WL 	2958879 	at 	*1 	(D . 	Mass . 	Oct. 	17 , 	2025),
[s]ection 	1225 	applies 	to 	" applicants 	for
admission ," 	who 	are 	defined 	as 	nonci tizens
"pr esent 	in 	the 	United 	States 	who 	[have] 	not
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been 	admitted ." 	§12 2 5 (a) (1) . 	All 	applicants
for 	admission 	must 	be 	inspected 	by 	an
immigration 	officer . 	Id. 	§1225 (a) (3) . 	If 	an
officer 	determines 	that 	the 	applicant 	for
admission 	is 	not 	"clearly 	and 	beyond 	a 	doubt
entitled 	to 	be 	admitted , " 	the 	applicant 	for
admission 	shall 	be 	detained 	pending 	removal
proceedings . 	§1225 (b) (2) (A) . 	An 	alien
detained 	under 	§1225 (b) (2) 	may 	be 	released
only 	if 	he 	is 	paroled 	for 	significant 	public
benefit 	or 	urgent 	humanitarian 	reasons 	under
§1182(d) (5) (A) .
Section 	1226 (a) 	establishes 	a 	discretionary
detention 	framework 	for 	aliens 	arrested 	and
detained 	pending 	a 	removal 	decision . 	Under
this 	provision , 	th-e 	Attorney 	General 	may
continue 	to 	detain 	the 	alien , 	release 	him 	on
bond 	or 	release 	him 	on 	parole. 	§§1226 (a) (1) -
(2). 	The 	arresting 	immigration 	officer 	makes
an 	initial 	custody 	determination 	but 	non -
citizens 	have 	the 	right 	to 	request 	a 	custody
redetermination 	(i.e. , 	bond) 	hearing before an
immigration 	judge . 	See 	8 	C. F . R. 	§§
1236.1 (c) (8) , 	(d) (1) .
The 	government 	contends 	that 	petitioner 	is 	detained
pursuant 	to 	§1225(b) , 	and 	therefore 	ineligible 	for
release , 	while 	petitioner 	asserts 	that 	he 	is 	detained
pursuant 	to 	§1226(a), 	thereby 	requiring 	the 	government
provide 	him 	a 	bond 	hearing .
As 	an 	initial 	matter , 	the 	factual 	record 	shows 	that 	prior
to 	his 	June , 	2025 , 	arrest , 	Vasquez 	was 	subjected 	to 	procedures
under 	§1226 	only. 	Petitioner 	submitted 	the 	May 	21 , 	2024 , 	arrest
warrant 	that 	indicates 	he 	was 	liable 	for 	arrest 	under 	Section
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236 	of 	the 	Immigration 	and 	Nationality Act 	("INA") . 1 	Petitioner
also 	provided 	to 	the 	Court 	his 	Order 	of 	Release 	on 	Recognizance,
dated 	the 	same 	day, 	which 	authorized 	his 	release 	pursuant
Section 	236 	the 	INA . 	Indeed , 	§1225 	would 	not 	have 	authorized
the 	government 	to 	release 	Vasquez 	in 	such 	a 	way.
The 	question, 	then , 	is 	whether 	his 	current 	detention 	is
authorized 	by 	§1225(b) 	or 	§1226(a). 	Section 	1225 	applies 	only
to 	applicants 	for 	admission 	defined 	as 	an 	"alien 	present 	in 	the
United 	States 	who 	has 	not 	been 	admitted ." 	§1225(a) (1).
Admission 	refers 	to 	"the 	lawful 	entry 	of 	the 	alien 	into 	the
United 	States 	after 	inspection 	and 	authorization 	by 	an
immigration 	officer ." 	§1101 (a) (13) (A) .
It 	is 	without 	serious 	contention 	that 	when 	Vasquez 	arrived
at 	the 	border 	in 	May , 	2024 , 	he 	was 	an 	applicant 	for 	adm i ssion 	as
contemplated 	under 	the 	statute . 	His 	initial 	detention 	was
therefore 	made 	pursuant 	to 	§1225(b) , 	despite 	the 	arrest 	warrant
reading 	otherwise, 	and 	his 	release 	into 	the 	country 	would 	have
been 	authorized 	only 	under 	the 	humanitarian 	parole 	provision
found 	at 	§1182 (d) ( 5) (A) . 2 	Border 	Patrol 	instead 	released 	Vasquez
on 	his 	own 	recognizance 	pursuant 	to 	§1226(a) 	and 	issued 	him 	a
Notice 	to 	Appear 	at 	his 	removal 	proceedings.
1 Section 236 of the 	INA corresponds with 8 U.S.C. 	§1226 .
2 Neither party asserts 	that Vasquez requested , 	or was granted , 	humanitarian
parole.
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The 	government 	contends 	that 	petitioner's 	detention 	must
now 	be 	subject 	to 	the 	mandatory 	scheme 	of 	§1225(b) 	because 	he
has 	been 	neither 	admitted 	nor 	paroled 	and 	cannot 	show 	that 	he
has 	been 	present 	in 	the 	United 	States 	for 	two 	years 	prior 	to 	a
determination 	of 	inadmissibility . 	§1225 (b) (1) (A) (i i i) (II) .
The 	Court 	disagrees , 	and 	concludes 	that 	pet i t i oner ' s 	May ,
2024, 	release , 	conditiona l 	as 	it 	may 	have 	bee n, 	co ns tituted 	an
admission 	under 	the 	plain 	language 	of 	§1101 (a) (13) (A) . 	Vasquez
was 	inspected 	by 	an 	immigration 	off i cer 	who 	then 	authorized 	his
lawful 	entry 	into 	the 	country. 	He 	therefore 	does 	not 	qualify 	as
an 	applicant 	for 	admission 	under 	§1225(b) 	and 	is 	instead 	subject
to 	the 	discretionary 	detention 	scheme 	of 	§1226(a). 	He 	is
entitled 	to 	a 	bond 	hearing 	that 	comports 	with 	the 	s t andards 	set
forth 	in 	Hernandez - Lara 	v. 	Lyons , 	1 0 	F .4th 	19 	( 1 st 	Cir. 	202 1 ) .
The 	Court 	is 	aware 	that 	this 	conclusion 	is 	contrary 	to 	its
ruling 	in 	June , 	2025 , 	related 	to 	this 	petitioner. 	Such 	a
deviation 	is , 	however, 	warranted 	in 	l i ght 	of 	t he 	factual 	updates
to 	the 	record 	and 	to 	align 	wi th 	r ecent 	rulings 	of 	the 	Court .
See , 	e.g. , 	Zamora 	v. 	Noem , 	No. 	CV 	25 - 12750 - NMG , 	2025 	WL 	2958879
(D. 	Mass. 	Oct . 	17, 	2025) ; 	Arias 	Lopez 	v . 	Hyde , 	No . 	CV 	25- 1 2680 -
NMG, 	2025 	WL 	3197806 	(D . 	Mass . 	Oct . 	24 , 	2025) 	See 	also 	Go mes 	v .
Hyde , 	No. 	l : 25 - CV - 11571-JEK , 	2025 	WL 	1 869299 	(D . 	Mass . 	July 	7 ,
2025) ; 	Samp i ao 	v. 	Hyde , 	No . 	l : 25 - CV - 1 1 98 1- JEK , 	2025 	WL 	2607924
( D. 	Mass. 	Sept . 	9 , 	2025); 	Guerrero 	Orellana 	v . 	Mon i z, 	No . 	25 - CV -
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12664-PBS, 	2025 	WL 	2809996 	(D. 	Mass . 	Oct. 	3, 	2025). 	The
materials 	retrieved 	as 	a 	result 	of 	petitioner's 	FOIA 	request,
including 	the 	May , 	2024 , 	arrest 	warrant 	and 	release 	on
recognizance, 	make 	clear 	that 	his 	ongoing 	detention 	is 	unlawful
wi thout 	a 	bond 	hearing.
ORDER
For 	the 	forgoing 	reasons , 	the 	petition 	for .writ 	of 	habeas
co rpus 	( Docket 	No. 	1) 	is 	ALLOWED. 	The 	Court 	directs 	that
Vasquez 	be 	released 	within 	seven 	days 	of 	the 	date 	of 	this 	order
unless 	he 	is 	afforded 	a 	bond 	hearing 	that 	complies 	with 	the
standards 	in 	Hernandez - Lara .
So 	ordered .
Nathaniel 	M. 	GoYt on
Senior 	United 	States 	District 	Judge
Dated : 	December 2.3 , 	2025
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