Completed
Case Information
Filed: January 22, 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
Completed: June 03, 2026
Last Activity:
September 30, 2026
Parties:
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Docket Entries
#1
Jan 22, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11491818 Fee status: Filing Fee paid., filed by Jose Luis Padilla Posadas. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 warrant, notice of custody determination, # 4 Exhibit 2 SIJS and deferred action notice)(Marzouk, Stephanie) Modified on 1/22/2026: Updated docket text. (FGD) (Entered: 01/22/2026)
#2
Jan 22, 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 Jennifer C. Boal. (NMC) (Entered: 01/22/2026)
#3
Jan 22, 2026
Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than February 2, 2026.(CAM) (Main Document 3 replaced on 1/22/2026) (CAM). (Entered: 01/22/2026)
Main Document:
Service Order-2241 Petition
#4
Jan 22, 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: 01/22/2026)
Main Document:
General Order 19-02
#5
Jan 22, 2026
Copy re 3 Service Order - 2241 Petition, 1 Complaint,, Petition for Writ of Habeas Corpus (2241), mailed to Duty AUSA Yen and mailed to Respondents on 1/22/2026. (CAM) (Entered: 01/22/2026)
Jan 22, 2026
Notice of Case Assignment
Jan 22, 2026
Copy Mailed
#6
Jan 30, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#7
Jan 30, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Feb 02, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Jose Luis Padilla Posadas’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. 7 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. 7 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.In addition, Respondents shall SHOW CAUSE within 10 days of this order why Petitioner is not entitled to an award of reasonable fees and costs as a “prevailing party” under the Equal Access to Justice Act, 28 U.S.C. § 2412. See [ECF No. 1 at 18 (requesting such an award)]. Petitioner may respond to Respondents’ submission within 10 days of its filing and shall include with his response an itemization of the fees and costs he seeks. Respondents may reply within 7 days of Petitioner’s submission and may include in their reply any objection to the reasonableness or basis of the amount(s) requested. (CAM) (Entered: 02/02/2026)
Feb 02, 2026
Order To Show Cause AND ~Util - Set Deadlines
#9
Feb 04, 2026
Amended Complaint
Main Document:
Amended Complaint
#10
Feb 05, 2026
Exhibit
Main Document:
Exhibit
#11
Feb 05, 2026
Exhibit
Main Document:
Exhibit
#13
Feb 12, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#14
Feb 12, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 13 Motion for Extension of Time until February 19, 2026 to File Response/Reply to 8 Order to Show Cause. (CAM) (Entered: 02/12/2026)
Feb 12, 2026
Order on Motion for Extension of Time to File Response/Reply
#18
Jun 18, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#19
Jun 18, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 18 Motion for Extension of Time to File Response/Reply re 17 MOTION for reinstatement of deferred action and related employment authorization . Responses due by 7/2/2026 (KF) (Entered: 06/18/2026)
Jun 18, 2026
Order on Motion for Extension of Time to File Response/Reply
#20
Jul 02, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#21
Jul 08, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 20 Motion for Extension of Time to File Response/Reply re 17 MOTION for reinstatement of deferred action and related employment authorization . Responses due by 7/16/2026. (CAM) (Entered: 07/08/2026)
Jul 08, 2026
Order on Motion for Extension of Time to File Response/Reply
#22
Jul 16, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#23
Jul 16, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 22 Motion for Extension of Time to File Response/Reply re 17 MOTION for reinstatement of deferred action and related employment authorization . Responses due by 7/23/2026. (KF) (Entered: 07/16/2026)
Jul 16, 2026
Order on Motion for Extension of Time to File Response/Reply
#25
Jul 24, 2026
Leave to File Document
Main Document:
Leave to File Document
#26
Jul 24, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 25 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (KF) (Entered: 07/24/2026)
Jul 24, 2026
Order on Motion for Leave to File Document
#27
Aug 03, 2026
Reply to Response to Motion
#28
Sep 30, 2026
Judge Allison D. Burroughs: ORDER entered. MEMORANDUM AND ORDER on motion for further relief. For the foregoing reasons, Petitioner's motion for further relief, [ECF No. 17], is GRANTED. The Court orders as foll ows:1. The purported revocations of Petitioners deferred action status and work authorization are VACATED and without force or effect;2. Respondents are ORDERED to take any steps necess ary to facilitate the reinstitution of Petitioners deferred action status and employment authorization;3. Any conditions of release imposed on Petitioner in connection with his earlier release on bond are VACATED and without force or effect, and any bond payment shall be returned to him;4. Respondents are ENJOINED from re-detaining Petitioner or revoking his deferred action status or work authorization absent pre-depri vation notice and an opportunity to be heard on the termination;5. Petitioner shall file any request for fees under the Equal Access to Justice Act within 30 days of this order. The clerk is directed to enter supplemental judgment in favor of Petitioner. SO ORDERED.(CAM)
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