1:26-cv-11462•Castillo Perez v. Bondi et al
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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS FRANCISCO JAVIER CASTILLO PEREZ, Petitioner, * * * * Civil Action No. 1:26-cv-11462-IT v. * * PAMELA BONDI, et al., Respondents. * * * * MEMORANDUM & ORDER April 7, 2026 TALWANI, D.J. Petitioner Francisco Javier Castillo Perez is a noncitizen currently detained at the Plymouth County Correctional Facility in Plymouth, MA. Pet. ¶ 1 [Doc. No. 1]. On March 26, 2026, Petitioner filed his Petition for Writ of Habeas Corpus [Doc. No. 1]. Petitioner contends that his detention is governed by 8 U.S.C. § 1226(a), and accordingly requests a bond hearing. Pet. ¶¶ 11–13 [Doc. No. 1]. Petitioner states further he is entitled to a bond hearing as a member of the class in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS, __ F. Supp. 3d __, 2025 WL 3687757 (D. Mass. Dec. 19, 2025). Id. ¶ 22.1 Respondents state that the legal issues presented in this Petition are similar to those recently addressed by this Court in Doe v. Moniz, [800 F. Supp. 3d 203 (D. Mass. 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- 1 In Guerrero-Orellano, the court entered, as to class members, a declaratory judgment establishing that class members are not subject to detention under 8 U.S.C. § 1225(b)(2) but under 8 U.S.C. § 1226(a) and are thus entitled to “access to consideration for release on bond and/or conditions before immigration officers and Immigration Judges.” Guerrero Orellana v. Moniz, 2025 WL 3687757, at *10. Case 1:26-cv-11462-IT Document 7 Filed 04/07/26 Page 1 of 2
2 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). Respondents’ Resp. to Habeas Petition 1 [Doc. No. 6] (cleaned up). Respondents further note that should the court follow its reasoning in those cases, it would reach the same result here. Id. at 1–2. The court finds the reasoning in Doe remains correct. Nothing in the record indicates that Petitioner was detained under 8 U.S.C. § 1225 rather than 8 U.S.C. § 1226. The Board of Immigration Appeals’ decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (BIA 2025), 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 14, 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, 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 file a status report no later than April 16, 2026. IT IS SO ORDERED. April 7, 2026 /s/ Indira Talwani United States District Judge Case 1:26-cv-11462-IT Document 7 Filed 04/07/26 Page 2 of 2
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