District of Massachusetts • 1:26-cv-11317

#1

Mar 17, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11616845 Fee status: Filing Fee paid., filed by Maycon Lucas Martins Januario. (Attachments: # 1 Civil Cover Sheet Civil Cover, # 2 Category Form Category Form)(Silva, Jonatas) (Entered: 03/17/2026)

#2

Mar 18, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (CM) (Entered: 03/18/2026)

#3

Mar 18, 2026

Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 03/18/2026)

#4

Mar 18, 2026

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SEC) (Entered: 03/18/2026)

Mar 18, 2026

Notice of Case Assignment

#5

Mar 19, 2026

Notice of Appearance

#6

Mar 19, 2026

Response - not related to a motion

#7

Mar 25, 2026

Judge Indira Talwani: ELECTRONIC ORDER: Petitioner Maycon Lucas Martins Januario is a Brazilian national who has been detained by ICE since October 28, 2025. Pet. ¶¶ 1, 7 [Doc. No. 1 ]. Petitioner is currently detained at Plymouth County Correctional Facility, in Plymouth, Massachusetts. Id. ¶ 4. On March 17, 2026, Petitioner filed his Petition for Writ of Habeas Corpus [Doc. No. 1 ]. Petitioner contends that his detention violates his due process rights, the Administrative Procedure Act, and the Immigration and Nationality Act. Id. ¶¶ 22–24.Respondents state "that the legal issues presented in this Petition are similar to those recently addressed by this Court in Gutierrez Cabello v. Moniz, Civil Action No. 25-cv-13213-IT, 2025 WL 3295996 (D. Mass. Nov. 26, 2025)." Resp. to Habeas Pet. 1 [Doc. No. 6 ]. Respondents further note that "[s]hould the Court follow its reasoning in Gutierrez Cabello, it would reach the same result here." Id.The court finds the reasoning in Gutierrez Cabello remains correct. Nothing in the record indicates that Petitioner was detained under 8 U.S.C. § 1225(b) rather than 8 U.S.C. § 1226(a). The Board of Immigration Appeals' decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A. 2025), is unpersuasive and does not change the analysis. See Elias Escobar v. Hyde, 2025 WL 2823324, at *3 (D. Mass. Oct. 3, 2025) (citing cases reaching same conclusion).The Petition for Writ of Habeas Corpus [Doc. No. 1 ] is therefore GRANTED as follows. Respondents shall release Petitioner before 4:00 p.m. on Friday, March 27, 2026. If Respondents seek to re-detain Petitioner, they may notice a bond hearing pursuant to 8 U.S.C. § 1226(a). Petitioner is ordered to attend any such bond hearing. Respondents shall promptly file a status report on April 10, 2026, regarding Petitioner's release and/or any efforts to re-detain him. (SEC) (Entered: 03/25/2026)

Mar 25, 2026

Order