De Araujo v. Noem et al

United 	States 	District Court
District of Massachusetts
Wilson Adao 	de Araujo,
Petitioner,
v.
Kr i sti Noem, 	et 	al.,
Respondents .
)
)
)
)
)
)
)
)
)
)
)
)
)
Civil 	Action No .
25-13439-NMG
---------------------
MEMORANDUM 	& ORDER
GORTON, 	J.
Wilson 	Adao 	de 	Araujo 	("petitioner " 	or 	" de 	Araujo " ) 	f i led
this 	petition 	for 	writ 	of 	habeas 	corpus , 	alleging 	that 	Kristi
Noem 	and 	other 	named 	respondents 	(collectively , 	" respondents " )
have 	wrongfully 	detained 	him 	without 	a 	bond 	hearing 	pursuant 	to
8 	U. S . C . 	§1225(b) (2). 	He 	claims 	he 	is 	entit l ed 	to 	a 	bond
hearing 	under 	8 	U. S . C . 	§1226 . 	Respondents 	rejoin 	that
petitioner 	is 	lawfully 	detained 	under 	8 	U. S . C . 	§123l(a) (5) . 	For
the 	reasons 	that 	follow , 	petitioner ' s 	motion 	will 	be 	DENIED.
I. 	Facts
The 	accounts 	of 	petitioner ' s 	immigration 	history 	proffered
by 	the 	parties 	are 	inconsistent . 	Both 	agree 	that 	petitioner 	is
a 	native 	of 	Brazil 	and 	was 	apprehended 	by 	U. S . 	Border 	Patrol
- 	1 	-
Case 1:25-cv-13439-NMG Document 9 Filed 12/23/25 Page 1 of 4

:
("USBP") 	shortly 	after 	unlawfully 	entering 	the 	United 	States 	at
the 	southern 	border 	in 	January , 	2023 . 	That 	is 	the 	extent 	of 	the
immigration 	history 	provided 	in 	de 	Araujo ' s 	petition .
The 	government 	declares 	that 	de 	Ara u jo 	did 	not 	include 	all
relevant 	history 	in 	his 	petition 	and 	that 	the 	2023 	i mm igration
was 	not 	his 	first 	unlawful 	entry 	into 	the 	United 	States .
According 	to 	the 	government , 	in 	20 1 4 , 	petitioner 	applied 	for
admission 	at 	Miami 	International 	Airport. 	He 	did 	not 	possess 	a
val id 	entry 	document 	aBd 	expressed 	no 	fear 	of 	being 	returned 	to
Brazil .
U. S . 	Customs 	and 	Border 	Protection 	(" CBP " ) 	determined 	that
he 	was 	inadmissible 	pursuant 	to 	8 	U. S . C. 	§1182(a) ( 7) (A) (i) (I)
and 	removed 	him 	from 	the 	United 	States 	pu r suant 	to 	8 	U. S . C .
§1225 ( b) (1) . 	Petitioner 	was 	notified 	that 	he 	was 	prohibited
from 	seeking 	entry 	into 	the 	United 	States 	for 	five 	years 	and
that 	after 	five 	years , 	should 	he 	seek 	to 	return 	to 	the 	U. S ., 	he
must 	request 	and 	obtain 	permission 	from 	the 	Secretary 	of
Homeland 	Security .
that 	process .
Petitioner 	wa s 	given 	an 	alien 	number 	du r ing
According 	to 	the 	government , 	when 	USBP 	apprehended
petitioner 	in 	January , 	2023 , 	it 	was 	unaware 	of 	his 	prior
deportation 	and 	issued 	him 	a 	second 	alien 	number . 	He 	was 	given
a 	Notice 	to 	Appear , 	which 	was 	filed 	in 	the 	Boston 	Immigration
Court 	in 	March , 	2023 .
- 	2 	-
Case 1:25-cv-13439-NMG Document 9 Filed 12/23/25 Page 2 of 4

In 	November , 	2025 , 	ICE 	again 	arrested 	petitioner 	after
determining 	that 	he 	was 	incorrectly 	issued 	a 	second 	alien 	number
and 	served 	with 	the 	Notice 	to 	Appear . 	He 	was 	then 	served 	with 	a
Form 	I - 871 , 	Notice 	of 	Intent/Decision 	to 	Reinstate 	Prior 	Order
[of 	Removal] 	under 	his 	first 	alien 	number 	pursuant 	to 	8 	U.S.C .
§1231 (a) (5) .
II. 	Legal 	Standard
Non - citizens 	who 	unlawfully 	reenter 	the 	country 	after
previously 	being 	removed 	are 	subject 	to 	expedited 	removal
pursuant 	to 	8 	U. S.C . 	§1231 (a) (5) . 	The 	prior 	order 	of 	removal 	is
reinstated 	as 	of 	its 	original 	date 	and may 	not 	be 	reopened 	or
reviewed . 	G. P . 	v . 	Garland , 	103 	F.4th 	898 , 	900 	(1st 	Cir . 	2024)
The 	government 	must 	effectuate 	that 	removal 	within 	90 	days ,
during 	which 	time 	the 	non - citizen ' s 	detention 	is 	mandatory.
Detention 	may 	be 	extended 	beyond 	90 	days 	in 	certain
circumstances . 	8 	U.S . C . 	§123l(a) (6)
entitled 	to 	a 	bond 	hearing .
The 	detainee 	is 	not
While 	8 	U.S . C. 	§123l(a) (5) 	applies 	to 	non-citizens 	who 	have
already 	received 	a 	deportation 	order , 	8 	U. S.C . 	§1226 	governs 	the
arrest 	and 	detention 	of 	non - citizens 	pending 	a 	decision 	on
removal. 	The 	government 	may 	detain 	an 	alien , 	release 	him 	on
bond 	or 	release 	him 	on 	conditional 	parole , 	and 	the 	alien 	may
request 	a 	bond 	hearing 	by 	an 	immigration 	judge 	at 	any 	point
before 	a 	final 	order 	of 	removal 	is 	issued .
- 	3 	-
Case 1:25-cv-13439-NMG Document 9 Filed 12/23/25 Page 3 of 4

..
III. 	Analysis
Upon 	consideration 	of 	the 	additional 	details 	of
petitioner's 	immigration 	history 	provided 	by 	the 	government , 	it
is 	clear 	to 	the 	Court 	that 	petitioner 	is 	being 	lawfully 	detained
under 	8 	U. S . C . 	§123l(a) (5) 	and 	is 	not 	entitled 	to 	a 	bond
hearing . 	The 	90 - day 	removal 	period 	has 	not 	expired , 	and 	even 	if
it 	had , 	the 	government 	could 	continue 	to 	detain 	petitioner 	if
appropriate 	under 	8 	U.S . C. 	§123l(a) (6) . 	The 	Court 	declines 	to
address 	petitioner ' s 	constitutional 	and 	statutory 	arguments
which 	are 	premised 	on 	the 	incorrect 	assumption 	that 	petitioner
is 	subject 	to 	8 	U. S . C . 	§1226 .
ORDER
For 	the 	foregoing 	reasons , 	de 	Araujo ' s 	petition 	for 	writ 	of
habeas 	corpus 	(Docket 	No. 	1) 	is 	DENIED.
So 	ordered.
Nathaniel 	M. 	Gort ~
Senior 	United 	States 	District 	Judge
Dated: 	December 23 , 	2025
- 	4 	-
Case 1:25-cv-13439-NMG Document 9 Filed 12/23/25 Page 4 of 4