Castillo Perez v. Bondi et al

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
FRANCISCO JAVIER CASTILLO PEREZ,
Petitioner,
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Civil Action No. 1:26-cv-11462-IT
v. 	*
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PAMELA BONDI, et al.,
Respondents.
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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.
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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
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