Kalonji v. Moniz et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
EVARISTO CALEBE KABEDI KALONJI,
Petitioner,
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Civil Action No. 1:26-cv-10339-IT
v. 	*
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ANTONE MONIZ, Superintendent, Plymouth
County Correctional Facility; PATRICIA
HYDE, Field Office Director of Enforcement
and Removal Operations, Boston Field Office,
Immigration and Customs Enforcement;
MICHAEL KROL, Homeland Security
Investigations, New England Special Agent in
Charge; Todd Lyons, Acting Director, U.S.
Immigration and Customs Enforcement
KRISTI NOEM, Secretary, U.S. Department
of Homeland Security; U.S. DEPARTMENT
OF HOMELAND SECURITY; and
PAMELA BONDI, U.S. Attorney General,
Respondents.
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MEMORANDUM & ORDER
February 2, 2026
TALWANI, D.J.
Petitioner Evaristo Calebe Kabedi Kalonji is a citizen of Angola. See Pet. ¶ 1 [Doc. No. 1].
At some point following his entry to the United States, Petitioner was “served with a Notice to
Appear . . . and placed in removal proceedings. His Master Calendar Hearing is scheduled for May
11, 2028[.]” Id. ¶ 22. On January 22, 2026, U.S. Immigration and Customs Enforcement (“ICE”)
arrested and detained Petitioner in South Portland, Maine. Id. ¶ 23. Petitioner asserts that “ICE
informed him that his detention resulted simply from a general enforcement operation and not from
any specific allegation or individualized basis.” Id. ¶ 24. After the arrest, ICE transferred Petitioner
to its Field Office in Burlington, Massachusetts, where he is presently detained. Id. ¶¶ 4, 11.
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Petitioner filed a Petition for Writ of Habeas Corpus [Doc. No. 1] on January 24, 2026, in
which he asserts the following: (1) Respondents’ detention of Petitioner without a bond hearing
violates Petitioner’s Fifth Amendment right to due process; (2) Petitioner is subject to detention
under 8 U.S.C. § 1226(a), rather than under 8 U.S.C. § 1225, and is therefore entitled to a bond
hearing; and (3) Respondents’ detention of Petitioner constitutes unlawful agency action, in
violation of the Administrative Procedure Act. See id. ¶¶ 31–51.
Respondents state, “the legal issues presented in this Petition are similar to those recently
addressed by this Court in Gutierrez Cabello v. Moniz, Civil Action No. 25-cv-13213-IT (D. Mass.
Nov. 26, 2025).” Opp’n 1 [Doc. No. 6]. Respondents acknowledge that, should the court follow the
reasoning of this prior decision, “it would likely reach the same result here.” Id.
Where the court finds the reasoning in Gutierrez Cabello remains correct, and where
nothing in the record indicates that Petitioner is detained under 8 U.S.C. § 1225 rather than
under 8 U.S.C. § 1226, the Petition for Writ of Habeas Corpus [Doc. No. 1] is GRANTED as
follows: No later than February 9, 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 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 13, 2026.
IT IS SO ORDERED.
February 2, 2026 	/s/ Indira Talwani
United States District Judge
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