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Habeas Corpus - Alien Detainee | Massachusetts
Set/Reset Motion and R&R Deadlines/Hearings
SET DEADLINES to: Status Report. Due by 7/23/2026. (BL)
Order
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Welington Ramos-Pereira. Petitioner Welington Ramos-Pereira ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. The government concedes "that the legal issues presented in this [p]etition are similar to those recently addressed by this Court in Guerrero Orellana v. Moniz" and that if "the Court follow[s] its reasoning in Guerrero Orellana v. Moniz, it would reach the same result here." Dkt. 18 at 1. Given this concession and for the reasons stated in Guerrero Orellana, the Court concludes that Petitioner is entitled to a bond hearing in immigration court. See Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297, 306-12 (D. Mass. 2025), appeal filed, No. 25-2152 (1st Cir. Dec. 2, 2025); Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185, 193-95 (D. Mass. 2025), appeal filed, No. 26-1094 (1st Cir. Jan. 22, 2026). Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing.(BL)
Petitioner Welington Ramos-Pereira ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. The government concedes "that the legal issues presented in this [p]etition are similar to those recently addressed by this Court in Guerrero Orellana v. Moniz" and that if "the Court follow[s] its reasoning in Guerrero Orellana v. Moniz, it would reach the same result here." Dkt. 18 at 1. Given this concession and for the reasons stated in Guerrero Orellana, the Court concludes that Petitioner is entitled to a bond hearing in immigration court. See Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297, 306-12 (D. Mass. 2025), appeal filed, No. 25-2152 (1st Cir. Dec. 2, 2025); Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185, 193-95 (D. Mass. 2025), appeal filed, No. 26-1094 (1st Cir. Jan. 22, 2026).
Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing.(BL)
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