Damasceno Marques de Oliveira v. Hyde et al

United 	States 	District Court
District of Massachusetts
Roger 	Damasceno Marques 	de
Oliveira ,
Petitioner,
v.
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Civil Action No .
26-10923-NMG
Patricia 	Hyde, 	et 	al.,
Respondents .
MEMORANDUM 	& ORDER
GORTON, 	J .
This 	case 	arises 	from 	the 	Petition 	for 	Writ 	of 	Habeas
Corpus 	(Docket 	No . 	1) 	of 	petitioner 	Roger 	Damasceno 	Marques 	de
Oliveira 	(" petitioner " 	or 	" Marques 	de 	Oliveira " ) . 	He 	contends
that 	he 	is 	at 	risk 	of 	detention 	by 	Patricia 	Hyde 	and 	other 	n amed
respondents 	(collectively , 	" respondents " ) 	for 	the 	purpose 	of
enforcing 	a 	removal 	order 	against 	him . 	He 	is 	not 	currently
detained , 	nor 	has 	he 	been 	detained 	at 	any 	point 	since 	the
removal 	order 	was 	issued 	in 	June , 	2025 .
The 	Court 	is 	without 	authority 	to 	grant 	a 	writ 	of 	habeas
corpus 	unless 	petitioner 	can 	demonstrate 	that 	he 	is 	currently 	in
custody . 	28 	U. S . C . 	§2241(c) (3) . 	While 	custody 	has 	been
interpreted 	as 	including more 	than 	just 	physical 	detention ,
courts 	typically 	require 	some 	kind 	of 	restraint 	on 	liberty .
Jones 	v . 	Cunningham , 	371 	U. S . 	236 , 	240 	(1963) .
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Here , 	the 	Court 	conclude s 	that 	simply 	being 	subject 	to 	a
final 	removal 	order , 	while 	having 	been 	free 	from 	detention 	for
months 	notwi 	hstanding 	such 	order , 	does 	not 	constitute 	custody
for 	purposes 	of 	habeas 	corpus 	review . 	C . f . 	Rosales 	v . 	Bureau 	of
Immigr . 	& Customs 	Enf ' t , 	426 	F . 3d 	733 , 	735 	(5th 	Cir . 	2005)
(finding 	that 	a 	final 	removal 	order 	places 	an 	alien 	" in 	custody "
when 	his 	detention 	is 	mandated 	upon 	his 	release 	from 	state
prison) . 	Petitioner 	has 	not 	s hown 	that 	the 	removal 	order 	i n
this 	case 	has 	imposed 	any 	restraint 	on 	his 	liberty 	that 	would
constitute 	" custody " 	for 	the 	purpose 	of 	habeas 	corpus 	relief .
ORDER
For 	the 	forgoing 	reasons , 	the 	Petition 	for 	Writ 	of 	Habeas
Corpus 	(Docket 	No . 	1) 	is 	DENIED WITHOUT 	PREJUDICE 	to 	its
refiling 	if 	and 	when 	petitioner 	is 	remanded 	into 	custody .
So 	ordered.
Senior 	United 	States 	District 	Judge
Dat e d : 	March / ]_ , 	2026
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