Terminated
Case Information
Filed: January 15, 2026
Assigned to:
John James McConnell Jr.
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Terminated: January 21, 2026
Last Activity:
January 21, 2026
Parties:
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Docket Entries
#1
Jan 15, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2231168.), filed by Andy Alexander Perez-Aguilar. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Civil Cover Sheet)(Hurvich, Carl) (Entered: 01/15/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
Jan 15, 2026
Habeas Petition Identifier Statement filed by Andy Alexander Perez-Aguilar. NOTICE: In order to view this document, you must first log in using your CMECF Filer login. (Hurvich, Carl) (Entered: 01/15/2026)
Main Document:
Habeas
#3
Jan 15, 2026
Order
Main Document:
Order
#4
Jan 15, 2026
Notice of Appearance
Main Document:
Notice of Appearance
Jan 15, 2026
Case assigned to Chief Judge John J. McConnell, Jr. and Magistrate Judge Patricia A. Sullivan. (Hill, Cherelle)
Jan 15, 2026
Case Assigned/Reassigned
Jan 15, 2026
Order
#5
Jan 21, 2026
Response in Opposition
Main Document:
Response in Opposition
#6
Jan 21, 2026
JUDGMENT in favor of Andy Alexander Perez-Aguilar against David Wesling, Kristi Noem, Michael Krol, Michael Nessinger, Pamela J. Bondi, Todd Lyons. So Ordered by Deputy Clerk: Ryan H. Jackson on 1/21/2026. (Jackson, Ryan) (Entered: 01/21/2026)
Main Document:
Judgment
Jan 21, 2026
TEXT ORDER granting 1 Petition for Writ of Habeas Corpus: Andy Alexander Perez-Aguilar has filed a habeas petition, arguing that his arrest and continued detention by Immigrations and Customs Enforcement ("ICE") is unlawful, and that he must be released or given a bond hearing before an immigration judge ("IJ") under 8 U.S.C. §1226(a). ECF No. 1. In its Response, the Government stated that the legal issues presented in this case are like those recently addressed by the Court in Tomas Elias v. Hyde, No. 25-cv-540-JJM-AEM, 2025 WL 3004437 (D.R.I. Oct 27, 2025). ECF No. 5 at 1. The Government also acknowledged that, should the Court follow its reasoning in Tomas Elias, it would reach the same result in Mr. Perez-Aguilar's case. Id. The Court finds that the reasoning provided in Tomas Elias remains correct and, as such, finds that Mr. Perez-Aguilar is entitled to a bond hearing under 8 U.S.C. §1226(a). See Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021). Therefore, the Court GRANTS Mr. Perez-Aguilar's Petition. ECF No. 1. The Government is hereby ORDERED (1) to provide Andy Alexander Perez-Aguilar with a bond hearing before an IJ under 8 U.S.C. § 1226(a) within ten days of the date of this order; and (2) the Government must release Andy Alexander Perez-Aguilar immediately pending the bond hearing. Per its request, the Government is permitted to transfer Mr. Perez-Aguilar to Burlington, Massachusetts to process his release and to allow for the setting of minimal release conditions that will reasonably assure his appearance at the bond hearing. ECF No. 5 at 1 n.1. However, effectuating this transfer and determining minimal release conditions shall not in any way impede Mr. Perez-Aguilar's immediate release. Finally, (3) the Court ORDERS the Government to file a status report within five days of Mr. Perez-Aguilar's bond hearing, stating whether he has been granted bond and, if his request for bond was denied, the reason for that denial. So Ordered by Chief Judge John J. McConnell, Jr. on 1/21/2026. (Jackson, Ryan)
Jan 21, 2026
Order on Petition for Writ of Habeas Corpus
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