District of Massachusetts • 1:26-cv-10227

Ricarte Pinto v. Moniz

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Case Information

Filed: January 20, 2026
Assigned to: Allison Dale Burroughs
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: February 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 20, 2026
Petition for Writ of Habeas Corpus - 2241
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jan 21, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Jessica D. Hedges. (CM) (Entered: 01/21/2026)
#3
Jan 21, 2026
Judge Allison D. Burroughs: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL entered. SERVICE ORDER re 2241 Petition. The answer or responsive pleading is due no later than February 4, 2026. (KF) (Entered: 01/21/2026)
Main Document: Service Order-2241 Petition
#4
Jan 21, 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). (CAM) (Entered: 01/21/2026)
Main Document: General Order 19-02
#5
Jan 21, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Benjamin and mailed to Respondents on 1/21/2026. (CAM) (Entered: 01/21/2026)
Jan 21, 2026
Copy Mailed
Jan 21, 2026
Notice of Case Assignment
#6
Jan 28, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Jan 28, 2026
Notice - Other
Main Document: Notice - Other
#8
Feb 02, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Feb 03, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Gildomar Ricarte Pinto’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge that “the legal issues presented in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 8 at 1]. In that case, this Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 8 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 02/03/2026)
Feb 03, 2026
Order AND ~Util - Set Deadlines