1:25-cv-13716•Benito Vasquez v. Moniz et al
Full text
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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Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 1 of 7the 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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Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 2 of 7was 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 -3- Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 3 of 7
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 - 4- Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 4 of 7
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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Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 5 of 7The 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 - - 6- Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 6 of 7
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 -7 - Case 1:25-cv-13716-NMG Document 11 Filed 12/23/25 Page 7 of 7
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