District of Massachusetts • 1:26-cv-10031

#1

Jan 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11452663 Fee status: Filing Fee paid., filed by Milton Geovanny Venegas Alvarez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lagana, Stephen) (Entered: 01/05/2026)

#2

Jan 06, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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 Jennifer C. Boal. (CM) (Entered: 01/06/2026)

#3

Jan 06, 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). (Currie, Haley) (Entered: 01/06/2026)

#4

Jan 06, 2026

Service Order-2241 Petition

#5

Jan 06, 2026

Copy 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Todd Lyons and Kristi Noem on 1/6/2026. (Currie, Haley) (Entered: 01/06/2026)

Jan 06, 2026

Copy Mailed

Jan 06, 2026

Notice of Case Assignment

#6

Jan 09, 2026

Notice of Appearance

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Jan 09, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#8

Jan 12, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Milton Geovanny Venegas Alvarez, a citizen of Ecuador who entered the United States in December 2020, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 5, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-2, 4, 16. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on December 20, 2025. Id. ¶¶ 2, 9. Venegas Alvarez remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 7.The respondents argue that Venegas Alvarez is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Venegas Alvarez’s detention.Noncitizens like Venegas Alvarez “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao, 2025 WL 2607924, at *1. Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Venegas Alvarez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before January 20, 2026, notifying the Court whether Venegas Alvarez has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/12/2026)

Jan 12, 2026

Order

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Jan 16, 2026

Status Report

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Jan 16, 2026

Judgment