Mejia Pimientel v. Wesling et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
DERWIN MICHAEL MEJIA PIMIENTEL,
Petitioner,
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Civil Action No. 1:26-cv-10321-IT
v. 	*
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DAVID WESLING, Field Office Director;
TODD M. LYONS, Acting Director, U.S.
Immigration and Customs Enforcement; and
KRISTI L. NOEM, U.S. Secretary of
Homeland Security,
Respondents.
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MEMORANDUM & ORDER
February 6, 2026
TALWANI, D.J.
Petitioner Derwin Michael Mejia Pimientel, a native and citizen of the Dominican
Republic, entered the United States without inspection “in approximately January 2023.” Pet. ¶
29 [Doc. No. 1]. He was “subsequently detained by [the U.S. Department of Homeland
Security]” and released from custody in March 2023. Id. ¶¶ 3, 29.
On or about January 4, 2026, Petitioner was approached by a police officer, who “noticed
[Petitioner’s] ankle monitor[1] and turned him over to [U.S. Immigration and Customs
Enforcement (“ICE”)].” Id. ¶ 5. Petitioner was ultimately detained by ICE and transported to the
Plymouth County Correctional Facility in Plymouth, Massachusetts, where he is presently held.
Id. ¶¶ 5, 29. Petitioner reports that ICE has not provided any explanation as to why his custody
1 Neither Petitioner nor Respondents explain why Petitioner was subject to monitoring, including
whether such monitoring was imposed as a condition of his March 2023 release from
immigration detention.
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status changed or why he is detained and have not provided him with a custody redetermination
hearing (a “bond hearing”). Id. ¶¶ 6–7, 36.
On January 23, 2026, Petitioner filed a Petition for Writ of Habeas Corpus [Doc. No. 1],
in which he seeks immediate release or, in the alternative, “a bail hearing by this Court or that
the Court order the Immigration Court to order a bond hearing.” Id. ¶ 14. As grounds therefor,
Petitioner asserts that (1) he is subject to detention only under 8 U.S.C. § 1226(a), rather than
under 8 U.S.C. § 1225; and (2) in failing to provide Petitioner with a bond hearing, Respondents
have violated his procedural and substantive due process rights under the Fifth Amendment to
the U.S. Constitution. Id. ¶¶ 33–54.
Although they oppose Petitioner’s “outright release” should the court grant the Petition
[Doc. No. 1], Respondents
submit that the legal issues presented in this Petitioner are similar to those recently
addressed by this Court in Doe v. Moniz, No. 25-cv-12094-IT, . . . 2025 WL
2576819 (D. Mass. Sep. [sic] 5, 2025); Escobar v. Hyde, No. 25-cv-12620-IT, 2025
WL 2823324 (D. Mass. Oct. 3, 2025); Da Silva v. Hyde, No. 25-cv-12638-IT (D.
Mass. Oct. 7, 2025); Venancio v. Hyde, No. 25-cv-12616-IT (D. Mass. Oct. 9,
2025); and Caguana-Caguana v. Moniz, No. 25-cv-13142-IT, 2025 WL 3171043
(D. Mass. Nov. 13, 2025).
Opp’n 1 [Doc. No. 7]. Respondents therefore acknowledge that, “[s]hould the Court follow its
reasoning in Doe, Escobar, Da Silva, Venancio, and Caguana-Caguana, it would reach the same
result here.” Id.
Where the court finds the reasoning in Doe remains correct, the Petition for Writ of
Habeas Corpus [Doc. No. 1] is GRANTED as follows: No later than February 13, 2026,
Petitioner must be provided a bond hearing pursuant to 8 U.S.C. § 1226 or, if the
immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, 29
I&N Dec. 216 (B.I.A. 2025), Respondents shall so advise the court by that date so that this
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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 shall set forth the
reasons for the continued detention.
Respondents shall submit a status report on this matter no later than February
18, 2026.
IT IS SO ORDERED.
February 6, 2026 	/s/ Indira Talwani
United States District Judge
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