The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ERICK BANEGAS-MALDONADO, *
*
Petitioner, *
*
v. *
*
ANTONE MONIZ, Superintendent, Plymouth *
County Correctional Facility; PATRICIA *
HYDE, Field Office Director; MICHAEL *
KROS, HSI New England Special Agent in * Civil Action No. 1:25-cv-13819-IT
Charge; TODD LYONS, Acting Director, *
U.S. Immigration and Customs Enforcement; *
KRISTI NOEM, U.S. Secretary of Homeland *
Security; and PAMELA BONDI, U.S. *
Attorney General, *
*
Respondents. *
*
*
MEMORANDUM & ORDER
December 16, 2025
TALWANI, D.J.
Petitioner Erick Banegas-Maldonado is a Honduran national who entered the United States
on or about August 4, 2019. Pet. ¶ 1 [Doc. No. 1]. Petitioner alleges, and Respondents do not
contest, that in early December 2025, federal immigration officials arrested Petitioner and placed
him in the custody of U.S. Immigration and Customs Enforcement (“ICE”). Id. Petitioner is
currently detained at the Plymouth County Correctional Facility in Plymouth, MA. Id.
On December 12, 2025, Petitioner filed a Petition for Writ of Habeas Corpus [Doc. No. 1]
with this court. Petitioner contends that, because of his residence within the United States since
2019, Petitioner is subject to detention pursuant to 8 U.S.C. § 1226(a), which requires a bond
hearing. Id. ¶¶ 39–42.
Respondents concede that “the legal issues presented in this Petition are similar to those
recently addressed by this Court in Doe v. Moniz, __ F. Supp. 3d __, 2025 WL 2576819 (D. Mass.
Sept. 5, 2025); [Elias] Escobar v. Hyde, 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-cv-12616-IT (D.
Mass. Oct. 9, 2025); and Caguana-Caguana v. Moniz, 2025 WL 3171043 (D. Mass. Nov. 13,
2025).” Resp. 1 [Doc. No. 6] (cleaned up). Though Respondents note their disagreement with these
decisions, Respondents acknowledge that, “should the Court follow its reasoning in Doe, [Elias]
Escobar, Da Silva, Venancio, and Caguana-Caguana, it would reach the same result here.” Id.
Nothing in the record indicates that Petitioner, who has resided in the United States since
2019, was detained under 8 U.S.C. § 1225 rather than 8 U.S.C. § 1226. The court finds the
reasoning in Doe remains correct and that Petitioner’s detention is governed by 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, 2025 WL 2823324, at
*3 (citing cases reaching the same conclusion).
Accordingly, the Petition for Writ of Habeas Corpus [Doc. No. 1] is GRANTED as follows.
No later than December 23, 2025, Banegas-Maldonado 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, 29 I&N Dec. 216 (BIA 2025), 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
Banegas-Maldonado in custody following a bond hearing pursuant to 8 U.S.C. § 1226 shall set forth
the reasons for the continued detention.
IT IS SO ORDERED.
December 16, 2025 /s/ Indira Talwani
United States District Judge