District of Massachusetts • 1:26-cv-10558

#1

Feb 04, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11525657 Fee status: Filing Fee paid., filed by Sabino Oswaldo Luis Luis. (Attachments: # 1 Civil Cover Sheet) (Miller, Jacob) Modified on 2/4/2026: to remove duplicate docket text (EZG). (Entered: 02/04/2026)

#2

Feb 04, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (LBO) (Entered: 02/04/2026)

#3

Feb 04, 2026

Category Sheet by Sabino Oswaldo Luis Luis. (Miller, Jacob) Modified on 2/4/2026: document replaced with corrected category form provided by counsel (Currie, Haley). (Entered: 02/04/2026)

#4

Feb 04, 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. (JKK) (Entered: 02/04/2026)

#5

Feb 04, 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: 02/04/2026)

#6

Feb 04, 2026

Service Order-2241 Petition

#7

Feb 04, 2026

Copy re: 1 Petition for Writ of Habeas Corpus (2241), 3 Category Form and 6 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Patricia Hyde, Todd Lyons, Michael Krol and Kristi Noem on 2/4/2026. (Currie, Haley) (Entered: 02/04/2026)

Feb 04, 2026

Copy Mailed

Feb 04, 2026

Notice - Other

Feb 04, 2026

Notice of Case Assignment

#8

Feb 05, 2026

MOTION for Injunctive Relief by Sabino Oswaldo Luis Luis.(Miller, Jacob) (Entered: 02/05/2026)

#9

Feb 05, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The respondents are ORDERED to respond to petitioner's Emergency Motion to Require Immediate Release, ECF 8, on or before February 6, 2026. (Currie, Haley) (Entered: 02/05/2026)

Feb 05, 2026

Order

#10

Feb 06, 2026

Withdraw

#11

Feb 06, 2026

Notice of Appearance

#12

Feb 06, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 10 MOTION to Withdraw (Currie, Haley) (Entered: 02/06/2026)

#13

Feb 06, 2026

Notice - Other

Feb 06, 2026

Order on Motion to Withdraw

#14

Feb 10, 2026

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

#15

Feb 11, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Sabino Oswaldo Luis Luis, a 19-year-old citizen of Guatemala, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 4, 2026 seeking his immediate release. ECF 1, ¶¶ 1, 3. After entering the United States in January 2023, Luis Luis has obtained deferred action and a valid work permit and was granted Special Immigrant Juvenile (“SIJ”) status by U.S. Citizenship and Immigration Services under 8 U.S.C. § 1101(a)(27)(J). Id. ¶ 6; see Osorio-Martinez v. Att’y Gen. United States of Am., 893 F.3d 153, 158 (3d Cir. 2018) (describing SIJ status as “a protective classification designed by Congress to safeguard abused, abandoned, or neglected alien children who are able to meet its rigorous eligibility requirements”). The same day that he filed this petition, he was arrested and detained by U.S. Immigration and Customs Enforcement in Massachusetts, where he remains. ECF 1, ¶¶ 1, 5, 12.The respondents argue that Luis Luis is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that “the legal issues presented in this Petition are similar to those addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 14, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in those decisions, it would likely reach the same result here.” ECF 14, at 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Luis Luis’ detention.Noncitizens like Luis Luis “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.” Sampiao, 799 F. Supp. 3d at 19-20. 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, Luis Luis’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. See ECF 8, Felipe-Bras De Souza v. Gillen, No. 25-cv-13347-JEK (D. Mass. Nov. 17, 2025) (granting bond hearing to habeas petitioner with SIJ status where he requested release). The respondents are further ORDERED to file a status report on or before February 20, 2026, notifying the Court whether Luis Luis has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 02/11/2026)

Feb 11, 2026

Order