District of Massachusetts • 1:26-cv-10344

#1

Jan 25, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11496744 Fee status: Filing Fee paid., filed by Simao Mpembele. (Attachments: # 1 category form, # 2 civil cover sheet)(Nice, Robin) (Entered: 01/25/2026)

#2

Jan 25, 2026

Judge Myong J. Joun: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL ORDER entered. (PK) (Entered: 01/25/2026)

#3

Jan 26, 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 M. Page Kelley. (SP) (Entered: 01/26/2026)

#4

Jan 26, 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: 01/26/2026)

#5

Jan 26, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than February 2, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 01/26/2026)

Jan 26, 2026

Notice of Case Assignment

#6

Jan 27, 2026

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Todd Lyons, Kristi Noem and Patricia Hyde on 1/27/2026. (Currie, Haley) (Entered: 01/27/2026)

Jan 27, 2026

Copy Mailed

#7

Jan 29, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Patricia Hyde, Todd Lyons, Kristi L. Noem (Canzoneri, Julian) (Entered: 01/29/2026)

#8

Jan 30, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Patricia Hyde, Todd Lyons, Kristi L. Noem. (Canzoneri, Julian) (Entered: 01/30/2026)

#9

Jan 30, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Simao Mpembele filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 25, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, at 5, Prayer for Relief. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on January 21, 2026. Id. ¶ 3. Mpembele remains in ICE’s custody in Massachusetts. Id. ¶ 2.The respondents argue that Mpembele 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” dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025). ECF 8, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. dos Santos, 2025 WL 2370988, at *7. The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, it would reach the same result here.” ECF 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Mpembele’s detention.Noncitizens like Mpembele “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.” dos Santos, 2025 WL 2370988, at *1. 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).For the foregoing reasons, Mpembele’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before February 9, 2026, notifying the Court whether Mpembele has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/30/2026)

Jan 30, 2026

Order

#10

Feb 09, 2026

STATUS REPORT by Patricia Hyde, Todd Lyons, Kristi L. Noem. (Canzoneri, Julian) (Entered: 02/09/2026)

#11

Feb 09, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 02/09/2026)