Nucamendiz et al v. Hyde et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ADAN LOPEZ NUCAMENDIZ and
ALLAN GONCALVES DA SILVA,
Petitioners,
v.
PATRICIA HYDE, et al.,
Respondents.
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Civil Action No. 25-cv-13851-ADB
MEMORANDUM AND ORDER
BURROUGHS, D.J.
Before the Court is a joint petition for writ of habeas corpus by Petitioners Allan
Goncalves Da Silva and Adan Lopez Nucamendiz. [ECF No. 1]. Respondents submit that “the
legal issues raised in this Petition are similar to those recently addressed by this Court in Morales
v. Plymouth C[ounty] Correctional Facility,” No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30,
2025). [ECF No. 7 at 1]. In that case, this Court joined other sessions of this Court, and other
courts across the country, in holding that the arrest and detention of noncitizens within the
United States is governed by 8 U.S.C. § 1226(a). See also Guerrero Orellana v. Moniz, No. 25-
cv-12664, 2025 WL 3687757, at *7 (D. Mass. Dec. 19, 2025) (the detention of a noncitizen who
entered the United States without inspection and is later apprehended while residing within the
country is governed by 8 U.S.C. § 1226(a) unless certain exceptions apply). Respondents
acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same
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result here.” [ECF No. 7 at 1]. On the facts before it, the Court does not find reason to deviate
from its prior analysis. Petitioners are subject to 8 U.S.C. § 1226’s discretionary detention
framework and, accordingly, entitled to bond hearings. They have not received such hearings, so
their detention is unlawful.
The joint petition, [ECF No. 1], is GRANTED IN PART. Respondents are ORDERED
to provide Petitioners with bond hearings under 8 U.S.C. § 1226(a) within 10 days of this
order. Respondents are ENJOINED from denying Petitioners bond on the basis that they are
detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report
within 14 days of this order stating whether Petitioners have been granted bond, and, if either
Petitioner’s request for bond was denied, the reasons for that denial.
SO ORDERED.
December 30, 2025 	/s/ Allison D. Burroughs
ALLISON D. BURROUGHS
U.S. DISTRICT JUDGE
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