Moreno Sam v. Wesling et al

United States 	District Court
District of Massachusetts
Juan Moreno 	Sam,
Petitioner ,
v.
David Wesling , 	et al .,
Respondents .
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Civil Action No.
26-14325-NMG
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MEMORANDUM & ORDER
GORTON, 	J.
This 	case 	arises 	from 	the 	petition 	for 	writ 	of 	habeas
corpus 	(Docket 	No . 	1) 	of 	petitioner 	Juan 	Moreno 	Sam 	("Moreno
Sam" 	or 	"petitioner"). 	Moreno 	Sam 	asserts 	that 	his 	arrest 	and
detention 	by 	David 	Wesl i ng 	and 	the 	other 	named 	respondents
("respondents") 	violate 	his 	statutory, 	regulatory , 	and 	due
process 	rights 	as 	a 	non - citizen 	and 	seeks 	i mmedia t e 	release 	from
custody.
Petitioner , 	a 	citizen 	of 	Guatemala , 	avers 	that 	he 	was
arrested 	by 	Immigration 	and 	Customs 	Enforcement 	(" ICE " ) 	o f ficers
in 	New 	Bedford , 	Massachusetts , 	on 	or 	about 	September 	22 , 	2026 .
He 	claims 	that 	the 	ICE 	officers 	presented 	no 	warrant , 	gave 	no
explanation 	for 	his 	arrest 	and made 	no 	inquiry 	into 	whether 	he
was 	likely 	to 	escape 	before 	a 	warrant 	co ul d 	be 	obtained .
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Respondents 	do 	not 	address 	the 	circumstances 	of
petitioner's 	arrest. 	Rather, 	they 	maintain 	that 	he 	is 	subject
to 	a 	final 	order 	of 	removal 	and 	that, 	as 	a 	result, 	his 	current
detention 	is 	mandatory 	and 	the 	Court 	lacks 	jurisdiction 	to
enjoin 	the 	execution 	of 	that 	order. 	See 	8 	U.S. C. 	§12 52 ( g) (" [N] o
court 	shall 	have 	jurisdiction 	to 	hear 	any 	cause 	or 	claim by 	or
on 	behalf 	of 	any 	alien 	arising 	from 	the 	decision 	or 	action 	by
the 	Attorney 	General 	to 	. 	execute 	removal 	orders 	against 	any
alien"); 	8 	U.S.C. 	§1231(a) (2) (A) ("During 	the 	removal 	period, 	the
Attorney 	General 	shall 	detain 	the 	alien").
Respondents' 	submissions 	demonstrate 	that 	petitioner 	was
ordered 	removed 	under 	8 	U.S.C. 	§1225(b) (1) 	on 	April 	2, 	2016, 	and
then 	was 	removed 	from 	the 	country 	on 	April 	7, 	2016. 	Petitioner
re-entered 	the 	country 	on 	or 	about 	May 	8, 	2016, 	whereupon 	the
previous 	order 	for 	removal 	was 	reinstated, 	and 	he 	was 	removed
again 	on 	May 	13, 	2016. 	Petitioner 	re-entered 	the 	country 	a
third 	time 	on 	an 	unknown 	date 	thereafter. 	On 	September 	22,
2026, 	the 	date 	of 	petitioner's 	arrest, 	ICE 	reinstated 	the 	2016
order 	of 	removal 	and 	contemporaneously 	issued 	a 	warrant 	for 	his
removal.
Regardless 	of 	whether 	the 	initial 	stop 	and 	arrest 	of
petitioner 	was 	lawful, 	in 	light 	of 	the 	above, 	the 	Court
concludes 	that 	the 	relief 	sought 	by 	petitioner 	is 	unavailable
under 	the 	circumstances 	of 	this 	case.
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It 	is 	well 	settled 	that 	habeas 	relief 	extends 	to
petitioners 	who 	are
in 	custody 	in 	violation 	of 	the 	Constitution 	or 	laws 	or
treaties 	of 	the 	United 	States.
28 	U.S.C. 	§2241(c) (3). 	Here, 	it 	is 	undisputed 	that 	Moreno 	Sam's
prior 	removal 	order 	was 	reinstated 	on 	the 	day 	of 	his 	arrest,
thereby 	requiring 	ICE 	to 	detain 	him pursuant 	to 	8 	U.S.C.
§1231 (a) (2) (A). 	Thus, 	even 	if 	the 	Court 	were 	to 	assume, 	without
deciding, 	that 	the 	stop 	and 	arrest 	were 	unlawful, 	petitioner 	has
not 	established 	that 	his 	current 	detention 	violates 	the
Constitution 	or 	governing 	law. 	Cf. 	INS 	v. 	Lopez-Mendoza, 	468
U.S. 	1032, 	1039 	(1984) 	(explaining 	that 	the 	identity 	of 	a
detainee 	"is 	never 	itself 	suppressible 	as 	a 	fruit 	of 	an 	unlawful
arrest," 	even 	when 	it 	is 	conceded 	that 	an 	unlawful 	arrest
occurred). 	Furthermore, 	because 	the 	petition 	fails 	on 	the
merits, 	the 	Court 	need 	not 	address 	respondents' 	contention 	that
8 	U.S.C. 	§1252(g) 	deprives 	it 	of 	jurisdiction.
ORDER
For 	the 	foregoing 	reasons, 	the 	petition 	for 	writ 	of 	habeas
corpus 	(Docket 	No. 	1) 	is 	DENIED.
t1a#!~~~
NathanieiM.d¥ 	ton
Senior 	United 	States 	District 	Judge
Dated: 	October 8' 	, 	2026
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