LEMA TAMAY v. SCOTT

CourtDistrict Court, D. Maine
DecidedSeptember 21, 2025
Docket2:25-cv-00438
StatusUnknown

This text of LEMA TAMAY v. SCOTT (LEMA TAMAY v. SCOTT) is published on Counsel Stack Legal Research, covering District Court, D. Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
LEMA TAMAY v. SCOTT, (D. Me. 2025).

Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

FLAVIO BLADAMIR ) CHOGLLO CHAFLA, ) ) Petitioner, ) ) v. ) 2:25-cv-00437-SDN ) RODNEY S. SCOTT, ) Commissioner of Customs and ) Border Protection, et al., ) ) Respondents. )

LUIS GERMAN LEMA TAMAY, ) ) Petitioner, ) ) V. ) 2:25-cv-00438-SDN ) RODNEY S. SCOTT, ) Commissioner of Customs and ) Border Protection, et al., ) ) Respondents. ) )

VICTOR MANUEL TENESACA LEMA, ) ) Petitioner, ) ) v. ) ) 2:25-cv-00439-SDN RODNEY S. SCOTT, ) Commissioner of Customs and ) Border Protection, et al., ) ) Respondents. ) ) ORDER ON PETITIONS FOR WRITS OF HABEAS CORPUS On September 2 and 3, 2025, Petitioners Flavio Bladamir Chogllo Chafla, Luis German Lema Tamay, and Victor Manuel Tenesaca Lema (collectively, the “Petitioners”) filed verified petitions for writs of habeas corpus with this Court. Dkt. No. 25-cv-00437, ECF No. 7 (“Chogllo Chafla Pet.”); Dkt. No. 25-cv-00438, ECF No. 9 (“Lema Tamay Pet.”);

Dkt. No. 25-cv-00439, ECF No. 9 (“Tenesaca Lema Pet.”). On September 2, 2025, the Court ordered the Government to show cause regarding the basis of the Petitioners’ detentions. Dkt. No. 25-cv-00437, ECF No. 8; Dkt. No. 25-cv-00438, ECF No. 6; Dkt. No. 25-cv-00439, ECF No. 5. The Government filed its responses to the show cause orders on September 12, 2025. Dkt. No. 25-cv-00437, ECF No. 17; Dkt. No. 25-cv-00438, ECF No. 15; Dkt. No. 25-cv-00439, ECF No. 14 (collectively, the “Gov’t Resp.”). The Petitioners responded on September 16, 2025. Dkt. No. 25-cv-00437, ECF No. 18; Dkt. No. 25-cv- 00438, ECF No. 16; Dkt. No. 25-cv-00439, ECF No. 15 (collectively, the “Pets.’ Reply”). The Court held a hearing on Petitioners’ motions on September 18, 2025. I ordered supplemental briefing from both parties on Petitioners’ entitlements to immediate release pending a future bond hearing, which the parties submitted on September 19, 2025. Dkt.

No. 25-cv-00437, ECF Nos. 24, 25; Dkt. No. 25-cv-00438, ECF Nos. 22, 23; Dkt. No. 25- cv-00439, ECF Nos. 19, 20 (the “Supp. Brs.”).1 Because the Petitioners’ and the Government’s arguments are functionally identical for all three petitions and the parties themselves address them together, I will do the same.

1 The Government’s responses to the show cause orders and its supplemental briefing are identical in all three cases. The Petitioners’ reply briefs and supplemental briefs are identical in all three cases, but the exhibits attached in each case are specific to the individual petitioners. I. Background2 A. Facts On August 23, 2025, the Maine State Police initiated a traffic stop near Bowdoinham, Maine. Gov’t Resp. Ex. 1 at ¶ 5. The police officer who conducted the stop discovered that some of the occupants of the vehicle were unable to communicate

effectively in English and could not “provide any identification documents.” Id. The officer contacted U.S. Border Patrol (“USBP”), and Border Patrol Agent-Resident Agent Derek Wilcox was dispatched to the scene. Id. at ¶ 1. Mr. Wilcox, who speaks Spanish, spoke to the occupants of the vehicle and asked for their citizenship and immigration status. Id. at ¶ 7. Petitioners, all three of whom were passengers in the vehicle, each told Mr. Wilcox that they were citizens of Ecuador and did not have any immigration documents allowing them to be legally present in the United States. Id. Mr. Lema Tamay provided a government-issued ID to establish his identity, but Mr. Wilcox was “unable to definitively identify three of the four passengers of the vehicle.” Id. at ¶ 10. Mr. Wilcox was concerned that the men would “abscond,” so he placed all three Petitioners under arrest and transported them to the Area Port of Portland, where they were taken into

USBP custody. Id. On August 28, 2025, USBP contacted Immigration and Customs Enforcement– Enforcement and Removal Operations (“ICE ERO”) to determine whether any ICE ERO facilities had bedspace to hold the Petitioners during the pendency of their detention. Gov’t Resp. Ex. 2 at ¶ 7. ICE ERO determined that there was no space available in Maine or Massachusetts, id. at ¶ 8, but that it anticipated bedspace opening at ICE ERO’s Port

2 I draw these facts from the Petitioners’ verified petitions and the parties’ filings. Isabel Detention Facility in Los Fresnos, Texas, id. at ¶ 9. USBP scheduled Petitioners to leave on a flight to Texas that was set to depart the morning of September 3, 2025. Id. at ¶ 10. On September 2, 2025, the Petitioners filed unverified petitions for writs of habeas corpus with this Court. Dkt. No. 25-cv-00437, ECF No. 1; Dkt. No. 25-cv-00438, ECF No.

1; Dkt. No. 25-cv-00439, ECF No. 1.3 All three petitions sought temporary restraining orders from the Court prohibiting the Government from transferring the Petitioners outside the District of Maine. Dkt. No. 25-cv-00437, ECF No. 1 at 5; Dkt. No. 25-cv- 00438, ECF No. 1 at 5; Dkt. No. 25-cv-00439, ECF No. 1 at 5. The Court enjoined the Government from removing the Petitioners from Maine pending further order from the Court and set $100 bond in each case. Dkt. No. 25-cv-00437, ECF No. 10; Dkt. No. 25-cv- 00438, ECF No. 5; Dkt. No. 25-cv-00439, ECF No. 5. Upon notification of the Court’s orders, ICE ERO did not place the Petitioners on the scheduled flight to Texas. Gov’t Resp. Ex. 2 at ¶ 10. On September 5, 2025, this Court granted the Government permission to transfer the Petitioners to the custody of ICE ERO in Massachusetts, where they are currently detained. Dkt. No. 25-cv-00437, ECF No. 16; Dkt. No. 25-cv-00438, ECF No.

13; Dkt. No. 25-cv-00439, ECF No. 12. All three Petitioners filed motions for bond with the Chelmsford Immigration Court in Massachusetts. See Pets.’ Reply at 3. Mr. Chogllo Chafla and Mr. Lema Tamay received notification from the Immigration Court that their bond hearing requests were denied because they are subject to mandatory detention under the Board of Immigration Appeals’ (“BIA”) interpretation of 8 U.S.C. § 1225. Dkt. No. 25-cv-00437, ECF No. 21; Dkt.

3 Mr. Chogllo Chafla filed a verified petition later in the day on September 2, 2025. Dkt. No. 25-cv-00437, ECF No. 7. Mr. Lema Tamay and Mr. Tenesaca Lema filed verified petitions on September 3, 2025. Dkt. No. 25-cv-00438, ECF No. 9; Dkt. No. 25-cv-00439, ECF No. 9. No. 25-cv-00438, ECF No. 19. Mr. Tenesaca Lema’s bond re-determination hearing is scheduled for September 24, 2025. Dkt. No. 25-cv-00439, ECF No. 15-2 at 1. B. The Petitioners Mr. Lema Tamay is a young man of Indigenous descent from Chunchi, Ecuador. Dkt. No. 25-cv-00438, ECF No. 16-1 at 6. He originally entered the country undetected in

April 2019. Id. Since his arrival, he has been gainfully employed as a roofer in the Portland, Maine, area, and has one son—who is a U.S. citizen—with his long-term partner. Id. In letters of support provided alongside his petition, Mr. Lema Tamay’s friends and colleagues spoke highly of his professionalism and integrity and reiterated that he is an upstanding and productive member of the local community. See id. at 21–30. In 2024, he was cited for driving without a license; the charge was later dismissed. Id. at 39. He has no other criminal record. Id. On his I-589 Application for Asylum form filed with the Immigration Court, he stated that he fears he would be tortured and killed if he returned to Ecuador because of organized crime and violence targeted against Indigenous Ecuadorians. Id. at 37. Mr. Tenesaca Lema is also of Indigenous descent and from Chunchi, Ecuador. Dkt.

No. 25-cv-00439, ECF No. 15-1 at 5. As with Mr. Lema Tamay, Mr. Tenesaca Lema’s friends and coworkers spoke highly of his responsibility, integrity, and work ethic. Id. at 17–31.

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