District of Massachusetts • 1:26-cv-10352

#1

Jan 26, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11498645 Fee status: Filing Fee paid., filed by Mbambi Ngoma Francisco . (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Qirici, Enxhi) Modified on 1/26/2026: corrected petitioner's name as it was entered incorrectly in the system (Currie, Haley). (Entered: 01/26/2026)

#2

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 Jennifer C. Boal. (SP) (Entered: 01/26/2026)

#3

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). (EZG) (Entered: 01/26/2026)

#4

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. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 01/26/2026)

Jan 26, 2026

Notice of Case Assignment

#5

Jan 27, 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, Department of Homeland Security, and Pamela Bondi on 1/27/2026 (Currie, Haley) (Entered: 01/27/2026)

Jan 27, 2026

Copy Mailed

#6

Jan 29, 2026

Notice of Appearance

#7

Feb 02, 2026

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

#8

Feb 02, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Mbambi Ngoma Francisco, a citizen of Angola who entered the United States in February 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on January 26, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 11, 21, 42. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on January 21, 2026. Id. ¶¶ 2, 22. Francisco remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 4, 22.The respondents argue that Francisco is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the 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 7, 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Francisco’s detention.Noncitizens like Francisco “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, Francisco’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 11, 2026, notifying the Court whether Francisco has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial.(Currie, Haley) (Entered: 02/02/2026)

Feb 02, 2026

Order

#9

Feb 11, 2026

Status Report

#10

Feb 11, 2026

Judgment