1:25-cv-13035•Sinecio Martinez v. Hyde et al
Full text
United States District Court
District of Massachusetts
Leonel Andres Sinecio Martinez,
Petitioner,
v .
Patricia Hyde, et al . ,
Respondents.
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Civil Action No.
25-13035-NMG
MEMORANDUM & ORDER
GORTON, J.
In his petition for writ of habeas corpus (Docket No . 1) ,
petitioner Leonel Andres Sinecio Martinez ("petitioner " or
"Martinez " ) claims that Patricia Hyde and other named
respondents ("respondents " ) have violated his d u e process rights
by detaining him without a bond hear i ng , to which he claims
entitlement under 8 U. S . C . §1226 ("§1226 " ) . Respondents reply
that petitioner is lawfully detained under 8 U. S . C . §1231
( "§1231 " ). For the reasons that follow , the petition will be
DENIED .
I. Facts
Petitioner is a native of El Salvador . He firs t entered
the United States in February , 2016 . He was apprehended by U. S .
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Case 1:25-cv-13035-NMG Document 18 Filed 12/23/25 Page 1 of 6Border Patrol ("USBP") while crossing the southern border and
was detained pursuant to 8 U.S . C. §1225 . He later claimed a
fear of return to El Salvador and was referred to the United
States Citizenship and Immigration Services ("USCIS ") for a
credible fear interview. users determined Martinez did not
present a credible fear of persecution or torture in El
Salvador . He was removed from the United States in May , 2016 .
On September 22, 2016 , petitioner re-entered the United
States at a place which was not a port of entry . He was again
apprehended by USBP and was issued a Form I - 871 , Notice of
Intent/Decision to Reinstate Prior Order . On September 24 ,
2016 , petitioner was released on an Order of Supervision
("OSUP " ) .
In October , 2025, during a routine check - in, ICE revoked
petitioner ' s OSUP after determining that there were changed
circumstances such that there is a significant likelihood of
removal in the reasonably foreseeable future . ICE detained
petitioner pursuant to §1231 and transferred him to Plymouth
County Correctional Facility . On November 8 , 2025 , ICE received
a valid travel document for petitioner to be removed from the
United States to El Salvador and , on the same day, ICE referred
Martinez to users for a reasonable fear interview. On November
25 , 2025 , users notified petitioner of its determination that he
did not have a reasonable fear and petitioner requested a review
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Case 1:25-cv-13035-NMG Document 18 Filed 12/23/25 Page 2 of 6of that finding by an Immigration Judge . Proceedings in Immigration Court for the reasonable fear interview were recently initiated . II . Legal Standard The detention of aliens pending removal proceedings is governed by either 8 U.S . C. §1225 or §1226. Section 1225 applies to aliens who have not effected an entry while §1226 covers aliens who have been res i ding in the United States . The latter provides for a bond hearing while the former does not . The detention of aliens who have been ordered removed, on the other hand , is governed by §1231 . That statutory provision specifically contemplates an expedited removal procedure for aliens who illegally reenter the country after previously having been removed under an order of removal . In such cases , the prior order of removal is reinstated as of its original date and is not subject to being reopened or reviewed . §1231(a) (5). The alien is removable under the reinstated order at any time after the reentry . Id . Under §1231 , ICE may release the alien on an OSUP should it find that : (1) travel documents for the alien are not available or , in the opinion of the agency , immediate removal is not practicable or in the public interest ; (2) the detainee is presently non - violent and likely to remain nonvio l ent if released; (3) the detainee is not likely to pose a threat to the - 3 - Case 1:25-cv-13035-NMG Document 18 Filed 12/23/25 Page 3 of 6
community if released ; (4) the detainee is not likely to violate the conditions of release , and (5) the detainee does not pose a significant flight risk if released. 8 C . F . R. §241.4(e). An OSUP may also be issued where ICE determines, pursuant to 8 C. F . R. §241 . 13 , that there is no significant likelihood that an alien under a final order of removal can be removed in the reasonably foreseeable future . ICE may revoke an OSUP at the discretion of the revoking official when (1) the purposes of release have been served ; (2) the alien violates any condition of release; (3) it is appropriate to enforce a removal order or commence removal proceedings , or (4) the conduct of the alien , or any other circumstance, indicates that release is no longer appropriate. 8 C. F.R. §241.4 (1) (2). If the OSUP was issued pursuant to 8 C. F.R . §241 . 13 , however , to revoke it , ICE must determine that , based on changed circumstances , there is a significant likelihood that the alien may be removed in the reasonably foreseeable future. 8 C . F.R. §241.13(i) (2) . III . Analysis Petitioner's assertion that he is subject to §1226 is mistaken. Because he has previously been removed from the United States , his current detention is governed by §1231 , and that statute does not provide for a bond hearing pending deportation. Further, petitioner has been detained for two - 4 - Case 1:25-cv-13035-NMG Document 18 Filed 12/23/25 Page 4 of 6
months , and thus his detention is well - within the pres u mptively reasonable six - month detention period e st ablished by Zadvydas v . Davis . 533 U. S . 678 (2001) . On its face , petitioner ' s detention is plainly authorized by statute . An additional factor needs to be considered . When revoking Martinez ' s OSUP , ICE stated that the revocation was justified due to changed circumstances mak i ng his deporta ti on a significant likelihood in the reasonably foreseeable future. The Court deduces that ICE , by u s i ng such language , mistakenly invoked 8 C.F.R . §241 . 13(i) (2) when notifying petitioner of the revocation of his OSUP . Aside from the use of that language in the OSUP revocation , the Court finds it extremely unlikely that the OSUP was issued pursuant to 8 C. F . R . §241 . 13 . That is because 1) the OSUP was granted only two days after petitioner was apprehended and 2) petitioner had been removed to El Salvador a mere three mo n ths earlier and there is no indication that his removability would have changed during that period . Accordingly , the Court concludes that the OSUP was granted under §241 . 4 rather than §241 . 13 and , under that regulation , ICE could properly revoke petitioner ' s OSUP to enforce its prior removal order without making a finding that , due to changed circumstances, there is a significant likelihood of petitioner ' s removal in the reasonably foreseeable future . - 5 - Case 1:25-cv-13035-NMG Document 18 Filed 12/23/25 Page 5 of 6
• • r ., ORDER For the forgoing reasons , the petition for writ of habeas corpus (Docket No. 1) is DENIED. So ordered. Nathaniel M. Gor 7n Senior United States District Judge Dated : December 2J , 2025 - 6 - Case 1:25-cv-13035-NMG Document 18 Filed 12/23/25 Page 6 of 6
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