Judge Paul J. Barbadoro issued the order on April 16, 2026, in the habeas corpus petition Arca v. Boncher et al. The case names Amy Boncher, Regional Director of FCI Berlin, as the respondent.
Arca filed his petition on April 9, 2026. The court had previously ordered the government to show cause why it should not grant the petition to the extent of affording him a bond hearing.
The judge based this initial order on Arca's apparent membership in the class certified in Guerrero Orellana v. Moniz and his similarity to the petitioner in Destino v. FCI Berlin.
In its response, the government conceded that Arca would receive the same result as the petitioner in Destino if that case's reasoning were applied. The government did not substantively develop alternative arguments regarding its authority to detain Arca.
Judge Barbadoro agreed with the reasoning in Destino, concluding that the government had not shown cause for Arca's continued detention without a bond hearing.
The order directs the government to afford Arca a bond hearing as soon as practicable. The judge warned that failure to comply would result in the writ being granted and the judge setting appropriate terms and conditions for Arca's release during his removal proceedings.
The government must file a status report within fourteen days.