Valadares Ferreira v. Wesling et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
EDVANIO VALADARES FERREIRA,
Petitioner,
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Civil Action No. 1:26-cv-11060-IT
v. 	*
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DAVID WESLING, et al.,
Respondents.
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MEMORANDUM & ORDER
March 4, 2026
TALWANI, D.J.
Petitioner Edvanio Valadares Ferreira is a Brazilian national who has been detained at the
ICE Boston Field Office since March 2, 2026. Pet. ¶¶ 1, 20 [Doc. No. 1]. On March 2, 2026,
Petitioner filed his Petition for Writ of Habeas Corpus [Doc. No. 1]. Petitioner contends that his
“detention is governed solely by 8 U.S.C. § 1226(a), which requires a prompt, individualized
custody hearing where [the Department of Homeland Security] bears the burden of proof.” Pet.
¶ 28 [Doc. No. 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)].” Resp.
to Habeas Pet. 1 [Doc. No. 6]. Respondents further note that “[s]hould the Court follow its
reasoning in Doe, it would reach the same result here.” Id.
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
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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 March 11, 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 March 13, 2026.
IT IS SO ORDERED.
March 4, 2026 	/s/ Indira Talwani
United States District Judge
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