1:25-cv-13852•Hernandez Martinez v. Hyde et al
Testo completo
United States District Court
District of Massachusetts
)
Mario Alexis Hernandez Martinez,)
)
Petitioner, )
)
v. )
)
Civil Action No.
25-13852-NMG
Patricia Hyde et al., )
)
Respondents. )
)
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MEMORANDUM & ORDER
GORTON, J.
This case arises from the petition for writ of habeas
corpus (Docket No . 1) of petitioner Mario Alexis Hernandez
Martinez ("Hernandez Martinez " or " petitioner " ). He contends
that he is currently being detained unlawfully by Patricia Hyde
and other named respondents (collectively , " respondents " ).
Because petitioner is subject to a final remova l o r de r, his
continued detention is lawful and his petition will be den i ed .
I. Background
Petitioner is 19 years old and a citizen of El Salvador .
He entered the country without inspection in May , 2016 . In
July , 20 1 9 , an immigration judge denied petitioner ' s application
for asylum and withholding of removal and ordered him removed to
El Salvador . The Board of Immigration Appeals (" BIA " ) upheld
that decision in July , 2023 .
- 1-
Case 1:25-cv-13852-NMG Document 9 Filed 12/23/25 Page 1 of 5On December 12 , 2025, petitioner was arrested by
Immigration and Customs Enforcement - Enforcement a n d Remova l
Operations (" ICE - ERO " ) . He fi l ed the pend i ng petitio n for writ
of habeas corpus on December 16 , 2025 , and t h e gover n ment timely
responded.
II. Petition for Writ of Habeas Corpus
A. Legal Standard
A petition for writ of habeas corpus pursuant to 28 U.S.C.
§2241 permits a prisoner to challenge the administration of his
detention rather than its validity . Dinkins v . Boncher , No . 21 -
CV - 11847-AK , 2022 WL 3021108 , at *2 (D. Mass . July 29 , 2022) .
The burden is on petitioner to s h ow t hat h i s custody v i ola t es
the Constitution or laws of the United States . E spinoza v .
Sabol , 558 F . 3d 83 , 89 (1st Cir . 2009).
B. Application
i. Statutory Requirements
Petitioner claims that he i s detained pursuant to 8 U.S . C .
§1226(a) and is therefore eligible for a bond hearing . He
contends that §1225(b) (2) , which mandates custody of aliens
detained at the border , does not apply to him .
In this case , petitioner is mistaken . Both §1225 and §1226
are statutory provisions relating to the detention of aliens
pending removal proceedings , not those , such as Hernandez
Martinez , who have already been ordered removed . Petitioner is ,
- 2 -
Case 1:25-cv-13852-NMG Document 9 Filed 12/23/25 Page 2 of 5instead , subject to the provisions §1231 , which provides for the
custody of aliens with final orders of removal . Tha t statute
requires that an alien be removed within 90 days o f their
removal order becoming final (" the removal per i od " ) , d u ring
which time their detention is mandatory . An alien found to be
inadmissible under §1182 may be detained beyond the removal
period for a reasonable amount of time , §1231(a) (6), but
presumably no longer than six months . Zadvydas v . Davis , 533
U. S . 678, 701 (2001).
Under the prescribed framework , petitioner ' s detent i on is
lawful . It is unclear from the record why or how petitioner was
released at the conclusion of h i s r emoval proceedings , or i f he
was ever in custody . What is clear , however , is that petitioner
has been subject to a final removal order since at least July ,
2023. The government concedes that his removal period has long
since lapsed but that , because he is inadmissible under
§1182 (a) (6) (A) (i) as having been neither admitted nor paroled ,
he may nonetheless be detained under §1231(a) (6) . The Court
agrees and finds petitioner ' s detention lawful under these
provisions.
ii. Constitutional Challenge
Petitioner claims that his detention violates his right to
due process under the Fifth Amendment of the United States
Constitution . His argument in s u pport of that assertion is , in
- 3 -
Case 1:25-cv-13852-NMG Document 9 Filed 12/23/25 Page 3 of 5essence , that the Due Process Clause applies to all people , including aliens , physically present within the United States . While petitioner is correct that he is to be afforded due process , he is incorrect that his current detention contravenes that right . As the United States Supreme Court made clear in Zadvydas , detention under §1231(a) (6) is presumed to be constitutionally valid for a period of up to six months. 533 U.S . at 701. Petitioner has been detained for less than two weeks . Such relatively brief detention does not violate his right to due process under the United States Constitution . iii. Regulatory Challenges Finally , Hernandez Martinez alleges that his continued detention without a bond hearing violates bond regulations found at 8 C. F . R. §§236.1 , 1236 . 1 and 1003 . 19. Again , he is detained pursuant to §1231(a) (6) , which does not afford him the right to a bond hearing similar to that of §1226(a) . Johnson v . Arteaga - Martinez , 596 U. S. 573 , 584 (2022) . His custody does not th e refore implica t e , let alone violate , any such regulations . , - 4- Case 1:25-cv-13852-NMG Document 9 Filed 12/23/25 Page 4 of 5
ORDER For the aforementioned reasons , the petition for writ of habeas corpus (Docket No . 1) of Hernandez Martinez is DENIED . So ordered . ~~~NathanielM.Gorfo n Senior United States District Judge Dated : December 23 , 2 02 5 -5 - Case 1:25-cv-13852-NMG Document 9 Filed 12/23/25 Page 5 of 5
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