District of Massachusetts • 1:26-cv-10179

#1

Jan 16, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Jan 20, 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: 01/20/2026)

#3

Jan 20, 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: 01/20/2026)

#4

Jan 20, 2026

Service Order-2241 Petition

#5

Jan 20, 2026

Copy re: 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, Michael Krol, Kristi Noem, and Pamela Bondi on 1/20/2026. (Currie, Haley) (Entered: 01/20/2026)

#6

Jan 20, 2026

Objection - not related to a motion

#7

Jan 20, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to respond to petitioner's Motion to Order her Immediate Return to the District of Massachusetts, ECF 6, on or before January 22, 2026. (Currie, Haley) (Entered: 01/20/2026)

Jan 20, 2026

Notice of Case Assignment

Jan 20, 2026

Copy Mailed

Jan 20, 2026

Order

#8

Jan 21, 2026

Notice of Appearance

#9

Jan 22, 2026

Response to Court Order

#10

Jan 23, 2026

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

#11

Jan 23, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Janett Quintero Perez, a citizen of Mexico, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 16, 2026 seeking her immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 3, 13, 22, and at 11. She did so because, a day earlier, ICE had detained her at its field office in Hartford, Connecticut and then transferred her to its field office in Burlington, Massachusetts. Id. ¶ 1; ECF 9-2, ¶¶ 7-8. After making travel arrangements, ICE transferred Quintero Perez on January 18, 2026 to Louisiana, where she remains detained at the South Louisiana ICE Processing Center. ECF 9-2, ¶¶ 5, 9-10. Two days later, in the morning of January 20, 2026, the case was assigned to this session, and the Court entered an order concerning service of the petition and a stay or transfer of removal. ECF 2, 4. The respondents were served with the petition and order that morning. ECF 5 ; ECF 9-1. In the afternoon, Quintero Perez moved for her immediate return to the District of Massachusetts. ECF 6 .Quintero Perez contends, incorrectly, that the respondents unlawfully transferred her two days after she filed her habeas petition. When Quintero Perez filed her habeas petition near the close of business on January 16, she did not alert the Court, through calling the emergency telephone number or otherwise, of her request for an immediate order that would prevent her transfer. As a result, the case was not assigned until January 20 and the Court at that point issued an order prohibiting such a transfer without notice. The respondents did not violate that order because ICE transferred her two days before they were served with the order. Nor did the transfer violate Quintero Perez’s constitutional or statutory rights. By statute, “[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal.” 8 U.S.C. § 1231(g)(1). This language affords the Attorney General “discretionary power to transfer aliens from one locale to another, as she deems appropriate.” Van Dinh v. Reno, 197 F.3d 427, 433 (10th Cir. 1999); accordWood v. United States, 175 F. App’x 419, 420 (2d Cir. 2006). Quintero Perez’s transfer outside of her preferred location in this District does not violate the Constitution or federal law. See Avramenkov v. I.N.S., 99 F. Supp. 2d 210, 214 (D. Conn. 2000).Turning to Quintero Perez’s habeas petition, the respondents concede that this Court retains jurisdiction. ECF 9, at 1-2; see Vasquez v. Reno, 233 F.3d 688, 695 (1st Cir. 2000). On the merits, the respondents argue that Quintero Perez 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 10, 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 10, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Quintero Perez’s detention.Noncitizens like Quintero Perez “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.” Gomes, 2025 WL 1869299, at *1. In the First Circuit, 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). Quintero Perez may be subject to detention under Section 1226(a) if the government meets its burden of proof following a bond hearing. But the equities in this case do not warrant her ongoing detention pending such a hearing because she suffers from insulin-dependent diabetes, which requires daily injections, and the respondents do not indicate whether she is receiving those injections. ECF 1, ¶¶ 1, 22, 30. In light of her serious medical needs, this action presents one of those extraordinary circumstances where the petitioner must be released immediately, rather than remain detained pending a bond hearing. See Jimenez v. Cronen, 317 F. Supp. 3d 626, 636 (D. Mass. 2018) (because “[h]abeas corpus is an equitable remedy,” a “court has the discretion to fashion relief that is fair in the circumstances, including to order an alien’s release”).Accordingly, Quintero Perez’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents—who made the choice to move Quintero Perez from Massachusetts to Louisiana, far from her medical care providers and her medication—are ORDERED to fly Quintero Perez back to the District of Massachusetts at no cost to her and to release her from custody on or before 6:00 p.m. on January 25, 2026. See Mcdonald v. Francis, No. 25-cv-9355-JAV, 2025 WL 3295906, at *5 (S.D.N.Y. Nov. 26, 2025) (ordering similar relief where habeas petition was filed before petitioner was transferred to Louisiana and collecting cases). Should the respondents still seek to detain her, they are further ORDERED to provide her with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this order. The respondents are ORDERED to file a status report by January 27, 2026, confirming that Quintero Perez was released from custody, and a further status report within 10 days of this order notifying the Court whether a bond hearing took place and, if so, whether Quintero Perez has been granted bond or, if her request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/23/2026)

Jan 23, 2026

Order

#12

Jan 24, 2026

Status Report

#13

Jan 26, 2026

Declaration

#14

Jan 26, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The Court is in receipt of the respondents' status report and declaration. ECF 12, 13 . The respondents shall proceed with their plan to return the petitioner to Massachusetts for immediate release via the first available flight that departs on January 27, 2026. (Currie, Haley) (Entered: 01/26/2026)

Jan 26, 2026

Order

#15

Jan 27, 2026

STATUS REPORT by Pamela Bondi, Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Kristi L. Noem. (O'Connor, Nicole) (Entered: 01/27/2026)

#16

Feb 02, 2026

Status Report

#17

Feb 02, 2026

Judgment