Immigration – Habeas corpus

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Where a habeas corpus petitioner has filed an emergency motion for immediate release from his present custody by U.S. Immigration and Customs Enforcement, both the petition and the motion should be denied because the petitioner has failed to meet his burden to show that his detention is unlawful.

“Before the Court is Juan Lucas Pereira Da Silva’s petition for a writ of habeas corpus (dkt. no. 1) and an emergency motion (dkt. no. 10), which seeks an expedited ruling on the petition and Pereira Da Silva’s immediate release from his present custody by U.S. Immigration and Customs Enforcement (‘ICE’). The respondents counter that the petitioner is subject to mandatory detention pursuant to 8 U.S.C. §1225(b)(1) and, therefore, not entitled to release. After a hearing on the merits and careful review of the parties’ submissions, the Court concludes that the petitioner has failed to meet his burden to show that his detention is unlawful. Accordingly, and for the following reasons, the petition and the motion are denied. …

“In sum, Pereira Da Silva does not squarely address how or when the statutory authority for his present custody purportedly shifted from the mandatory scheme under §1225 to the discretionary framework under § 1226 as he now urges. As the party with the burden of proof, that omission is fatal to his petition where, as here, the respondents contend that §1225’s mandatory detention scheme applies and have proffered an evidentiary basis that supports that contention.”

Pereira Da Silva v. Moniz, et al. (Lawyers Weekly No. 02-250-26) (8 pages) (O’Toole, J.) (Civil Action No. 26-cv-10446-GAO) (May 4, 2026).

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