District of Massachusetts • 1:26-cv-10389

Atana v. Wesling

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Case Information

Filed: January 27, 2026
Assigned to: William G. Young
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 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 27, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11502450 Fee status: Filing Fee paid., filed by Jedeon Borel Atana. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Araujo, Annelise) (Entered: 01/27/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jan 27, 2026
ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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. (JKK) (Entered: 01/27/2026)
#3
Jan 27, 2026
Judge William G. Young ORDER entered: ORDER Concerning Service of Petition and Stay of Transfer or Removal. (MAP) (Entered: 01/27/2026)
Main Document: Order
#4
Jan 27, 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). (MAP) (Entered: 01/27/2026)
Main Document: General Order 19-02
Jan 27, 2026
Notice of Case Assignment
#5
Jan 29, 2026
ELECTRONIC NOTICE of Hearing. Status Conference set for 2/9/2026 02:30 PM in Courtroom 18 (In person only) before Judge William G. Young. (KB) (Entered: 01/29/2026)
Jan 29, 2026
Notice of Hearing
#6
Feb 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Feb 03, 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 09, 2026
Electronic Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 2/9/2026. Court discusses issues in habeas cases and hears from counsel. (Court Reporter: Richard Romanow at rhr3tubas@aol.com.)(Attorneys present: Annelise M. Jatoba De Araujo for the petitioner and Julian N. Canzoneri for respondents) (KB) (Entered: 02/10/2026)
Feb 10, 2026
1 - Terminate Hearings AND Status Conference
#9
Feb 12, 2026
Judge William G. Young: ELECTRONIC ORDER entered. The Court has reviewed the petition filed by Petitioner Jedeon Borel Atana (Atana) for habeas relief under 28 U.S.C. § 2241 (Petition), ECF No. 1, as well as the Respondents response, ECF No. 7 . The Court hereby ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), and ORDERS this hearing be held within seven (7) days of the date of this Order. The Court also ORDERS Respondents to file a status report -- stating whether petitioner Atana has been granted bond and, if the request for bond is denied, the reasons for the denial -- within ten (10) days of this Order.FACTUAL BACKGROUND. Petitioner Atana is a Congolese citizen. ECF No. 1, 18. Atana entered the United States on July 22, 2023 with a visa and has a pending asylum application. Id. 19. On January 23, 2026, Atana was detained by Immigration Customs Enforcement (ICE) and has since remained in its custody. Id.. Atana contends that his detention, properly governed by 8 U.S.C. § 1226(a), violates his rights under the Due Process Clause of the Fifth Amendment. Id. 29-32. Thus, Atana contends he is eligible for bond hearing. Id. 24.ANALYSIS. District courts retain jurisdiction to hear noncitizens challenges to the legality of their immigration detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023). Since Atana challenges his continued detention, this Court has jurisdiction over his petition.Atana claims he has resided in the United States for over 2 years prior to detention. ECF No. 1 24. This Court agrees with petitioner Atana that his custody is governed by 8 U.S.C. § 1226(a) which, as due process requires, entitles Atana to a bond hearing before an immigration judge. This conclusion is consistent with a growing body of this courts rulings in similar cases. See, e.g., Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025) (Kobick, J.); De Andrade v. Moniz, 802 F. Supp. 3d 325, 333 (D. Mass. 2025) (Saylor, J.); Araujo da Silva v. Bondi, No. 25-CV-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) (Casper, C.J.); Chuqui Paredes v. Moniz, No. CV 26-10335-FDS, 2026 WL 309632, at *2 (D. Mass. Feb. 5, 2026) (Saylor, J.). Notably, Respondents do not contest petitioner Atanas eligibility for a bond hearing. ECF No. 7 at 1. For the foregoing reasons, the Court rules as follows. The Court ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), at which the government bears the burden of proving petitioner Atana poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), and ORDERS this hearing be held within seven (7) days of the date of this Order. The Court further ORDERS Respondents to file a status report -- stating whether petitioner Atana has been granted bond and, if the request for bond is denied, the reasons for the denial -- within ten (10) days of this Order.(Sonnenberg, Elizabeth) (Entered: 02/12/2026)
Feb 12, 2026
Order
#10
Feb 20, 2026
Status Report
Main Document: Status Report
#11
Feb 25, 2026
Order Dismissing Case
Main Document: Order Dismissing Case