1:26-cv-10923•Damasceno Marques de Oliveira v. Hyde et al
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United States District Court
District of Massachusetts
Roger Damasceno Marques de
Oliveira ,
Petitioner,
v.
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Civil Action No .
26-10923-NMG
Patricia Hyde, et al.,
Respondents .
MEMORANDUM & ORDER
GORTON, J .
This case arises from the Petition for Writ of Habeas
Corpus (Docket No . 1) of petitioner Roger Damasceno Marques de
Oliveira (" petitioner " or " Marques de Oliveira " ) . He contends
that he is at risk of detention by Patricia Hyde and other n amed
respondents (collectively , " respondents " ) for the purpose of
enforcing a removal order against him . He is not currently
detained , nor has he been detained at any point since the
removal order was issued in June , 2025 .
The Court is without authority to grant a writ of habeas
corpus unless petitioner can demonstrate that he is currently in
custody . 28 U. S . C . §2241(c) (3) . While custody has been
interpreted as including more than just physical detention ,
courts typically require some kind of restraint on liberty .
Jones v . Cunningham , 371 U. S . 236 , 240 (1963) .
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Case 1:26-cv-10923-NMG Document 13 Filed 03/12/26 Page 1 of 2Here , the Court conclude s that simply being subject to a final removal order , while having been free from detention for months notwi hstanding such order , does not constitute custody for purposes of habeas corpus review . C . f . Rosales v . Bureau of Immigr . & Customs Enf ' t , 426 F . 3d 733 , 735 (5th Cir . 2005) (finding that a final removal order places an alien " in custody " when his detention is mandated upon his release from state prison) . Petitioner has not s hown that the removal order i n this case has imposed any restraint on his liberty that would constitute " custody " for the purpose of habeas corpus relief . ORDER For the forgoing reasons , the Petition for Writ of Habeas Corpus (Docket No . 1) is DENIED WITHOUT PREJUDICE to its refiling if and when petitioner is remanded into custody . So ordered. Senior United States District Judge Dat e d : March / ]_ , 2026 - 2 - Case 1:26-cv-10923-NMG Document 13 Filed 03/12/26 Page 2 of 2
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