Wesling

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

DANIEL PABLO ESQUIVEL-BICALHO *

JUNIOR, *

*

Petitioner, *

*

v. *

*

DAVID WESLING, Acting New England *

Field Office Director; TODD LYONS, Acting * Civil Action No. 1:25-cv-13866-IT

Director, U.S. Immigration and Customs *

Enforcement; KRISTI NOEM, U.S. Secretary *

of Homeland Security, *

*

Respondents. *

*

*

MEMORANDUM & ORDER

December 23, 2025

TALWANI, D.J.

In his Petition for Writ of Habeas Corpus [Doc. No. 1], Petitioner Daniel Pablo Esquivel-

Bicalho Junior states that he is a Brazilian national residing in Massachusetts. Id. ¶ 1. In or

around September 2021, Petitioner entered the United States. Id. Petitioner subsequently asserted

a fear of return to Brazil and was removed from expedited removal proceedings and processed

for a credible fear interview. Id. That same month, Petitioner was subsequently released from

detention and paroled into the country. Id.

Petitioner states further that on December 16, 2025, federal immigration officials arrested

him during a check-in with U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶¶ 2, 5.

Petitioner alleges he is currently being held in ICE custody in the District of Massachusetts.

Id. ¶ 3.

Petitioner contends that “[a]s a person detained under 8 U.S.C. § 1226(a), Petitioner

must, upon his request, receive a custody redetermination hearing (colloquially called a ‘bond

hearing’) with strong procedural protections.” Id. ¶ 12. Petitioner accordingly requests such a

bond hearing. Id. ¶ 13.

Respondents state that

the legal issues presented in this Petition are similar to those most recently

addressed by this Court in Cabello v. Moniz, et al., No. 25-13213-IT, 2025 WL

3295996, at ** 3-4 (D. Mass. Nov. 26, 2025) (petitioner initially processed under

8 U.S.C. § 1225(b)(1) as mandatory detainee and paroled into United States under

8 U.S.C. § 1182(d)(5)(A), entitled to bond hearing under Section 1226 considering

facts in case), as well as Doe v. Moniz, Civil Action No. 25-cv-12094-IT, 2025 WL

2576819 (D. Mass. Sept. 5, 2025), [Elias] Escobar v. Hyde, Civil Action No. 25-

cv-12620-IT, 2025 WL 2823324 (D. Mass. Oct. 3, 2025), and Maza v. Hyde, Civil

Action No. 25-cv-12407-IT, -- F. Supp. 3d --, 2025 WL 2951922 (D. Mass. Oct.

20, 2025).

Resp. 1–2 [Doc. No. 9]. While Respondents note their disagreement with these decisions, they

also concede that “should the Court follow its reasoning in Cabello, Doe, [Elias] Escobar, and

Maza, supra, it would likely reach the same result here.” Id. at 2.

Nothing in the record indicates that Petitioner was detained on December 16, 2025, under

8 U.S.C. § 1225 rather than 8 U.S.C. § 1226. The court finds the reasoning in Doe and Elias

Escobar remains correct. 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).

The Petition for Writ of Habeas Corpus [Doc. No. 1] is therefore GRANTED as follows:

No later than December 31, 2025, 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 submit a status report on this matter no later than January 5, 2026.

IT IS SO ORDERED.

December 23, 2025 /s/ Indira Talwani

United States District Judge