Da Costa Guedes Sousa v. Moniz et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JONATHAN FRANCISCO DA COSTA
GUEDES SOUSA,
Petitioner,
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Civil Action No. 1:26-cv-11435-IT	v. 	*
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ANTONE MONIZ, et al.,
Respondents.
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MEMORANDUM & ORDER
March 31, 2026
TALWANI, D.J.
Petitioner Jonathan Francisco Da Costa Guedes Sousa is a Brazilian citizen and national
who has been detained by ICE since March 16, 2026. Pet. ¶¶ 1, 8 [Doc. No. 1]. Petitioner is
currently detained at the Plymouth County Correctional Facility, in Plymouth, Massachusetts. Id.
¶ 9. On March 25, 2026, Petitioner filed his Petition for Writ of Habeas Corpus [Doc. No. 1].
Petitioner contends that, if authorized at all, he is detained “under 8 U.S.C. § 1226(a),” and
requests either immediate release or that he “be provided a bond hearing[.]” Id. ¶¶ 16–17.
Respondents state “that the legal issues presented in this Petition are similar to those
addressed by this Court in Doe v. Moniz[, 800 F. Supp. 3d 203 (D. Mass. 2025).]” Resp. to
Habeas Pet. 1 [Doc. No. 6]. Respondents further note that “[s]hould the Court follow its
reasoning in Doe . . . it would reach the same result here.” Id.
The court finds the reasoning in Doe remains correct. Nothing in the record indicates that
Petitioner was detained under 8 U.S.C. § 1225(b) rather than 8 U.S.C. § 1226(a). The Board of
Immigration Appeals’ decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025),
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is unpersuasive and does not change the analysis. See Elias Escobar v. Hyde, No. 1:25-cv-12620-
IT, 2025 WL 2823324, at *3 (D. Mass. Oct. 3, 2025) (citing cases reaching same conclusion).
The Petition for Writ of Habeas Corpus [Doc. No. 1] is therefore GRANTED as follows.
No later than April 6, 2026, Petitioner must be provided a bond hearing pursuant to 8 U.S.C.
§ 1226(a) or, if the immigration judge declines to conduct a bond hearing pursuant to 8 U.S.C.
§ 1226(a), Respondents shall so advise the court by that date so that this court may conduct the
bond hearing. Any decision by the immigration judge to retain Petitioner in custody following a
bond hearing pursuant to 8 U.S.C. § 1226(a) shall set forth the reasons for the continued
detention. Following the bond hearing, Respondents shall promptly file a status report.
IT IS SO ORDERED.
March 31, 2026 	/s/ Indira Talwani
United States District Judge
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