Order | Filed: September 14, 2026
| Entered: September 14, 2026
Lima Gonzalez v. Moniz et al
Habeas Corpus - Alien Detainee | Massachusetts
Order
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Tschimayi v. Moniz, Civil Action No. 26-cv-13908 (D. Mass. Aug. 26, 2026).” Dkt. 7 at 1. In that case, the Court ordered a bond hearing under 8 U.S.C. § 1226(a) based on Guerrero Orellana v. Moniz, 2026 WL 2352042, at *11 (1st Cir. Aug. 13, 2026), which held that “[n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to § 1225(b)(2)(A)’s mandatory detention provision, but rather, are governed by § 1226." Therefore, Petitioner is entitled to a bond hearing here. See Guerrero Orellana, 2026 WL 2352042, at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). The Court further held in Tschimayi petitioners are not required to exhaust their administrative remedies. Tschimayi, No. 26-cv-13908, Dkt. 8 (citing Waters Rossin v. Moniz, 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026); Gonzalez Urizar v. Hyde, 26-cv-13865, Dkt. 9 (D. Mass. Aug. 26, 2026)). Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Monday, September 21, 2026, unless, before that time, Petitioner is provided a bond hearing which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the presiding immigration judge (“IJ”) considers alternatives to detention. Respondents are thereby ORDERED to file a status report by 12:00 p.m. on Tuesday, September 22, 2026, detailing their compliance with this order. If a bond hearing was held, the status report shall state whether Petitioner has been granted bond, the date, time, and location of his release, or, if his request for bond was denied, the reasons for that denial. Respondents should include a copy of the IJ’s decision with the status report.
Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. § 2412.
(MBM)