District of Massachusetts • 1:26-cv-10251

#1

Jan 21, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Jan 21, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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 Donald L. Cabell. (LBO) (Entered: 01/21/2026)

#3

Jan 21, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 01/21/2026)

#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). (SEC) (Entered: 01/21/2026)

Jan 21, 2026

Notice of Case Assignment

#5

Feb 04, 2026

Notice of Appearance

#6

Feb 04, 2026

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

#7

Feb 09, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Jose Manuel ("Petitioner"), D. 1, and the government's response, D. 6, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, id. at 1, "the legal issues presented in this Petition are similar to those recently addressed by this Court in Dias De Carvalho v. Hyde," id.; see Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Consistent with this Court's ruling in Dias De Carvalho, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2), as Respondents contend (which provides for mandatory detention for "applicants for admission"), D. 6 at 2 n.3. Thus, Petitioner is entitled to a bond hearing. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial.(LMH) (Entered: 02/09/2026)

Feb 09, 2026

Order