District of Massachusetts • 1:25-cv-12571

#1

Sep 13, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11235240 Fee status: Filing Fee paid., filed by Edgar Crisfi Chavez Chavez. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Pomerleau, Todd) (Entered: 09/13/2025)

#2

Sep 13, 2025

Judge Indira Talwani: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL (RN) (Entered: 09/14/2025)

#3

Sep 15, 2025

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 M. Page Kelley. (CM) (Entered: 09/15/2025)

#4

Sep 15, 2025

Judge William G. Young: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. (MAP) (Entered: 09/15/2025)

#5

Sep 15, 2025

NOTICE of Appearance by Nicole E. Dill on behalf of Edgar Crisfi Chavez Chavez (Dill, Nicole) (Entered: 09/15/2025)

Sep 15, 2025

Notice of Case Assignment

#6

Sep 16, 2025

Notice of Appearance

#7

Sep 22, 2025

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

Sep 23, 2025

Order Reassigning Case

Sep 23, 2025

Notice of Case Assignment

#10

Sep 29, 2025

General Order 19-02

#11

Oct 01, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Edgar Crisfi Chavez Chavez, a citizen of Guatemala, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241. ECF 1 ; ECF 7-1, ¶ 6. On September 12, 2025, he was arrested and detained by federal agents on behalf of U.S. Immigration and Customs Enforcement ("ICE"). ECF 7-1, ¶ 11. That same day, ICE issued a warrant for Chavez Chavez's arrest. Id. On September 13, 2025, Chavez Chavez filed a petition for a writ of habeas corpus, requesting that the Court grant relief in the form of a bond hearing pursuant to 8 U.S.C. § 1226(a), ECF 1, ¶ 12, or, in the alternative, immediate release, id. at 7.The respondents argue that Chavez Chavez is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2)(A). However, the question whether a petitioner like Chavez Chavez is detained under § 1225(b)(2), as the government contends, or is instead subject to discretionary detention under § 1226(a), as Chavez Chavez argues, has been repeatedly addressed by this Court in other cases. See, e.g., Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299, at *5-8 (D. Mass. July 7, 2025); dos Santos v. Noem, 25-cv-12052-JEK, 2025 WL 2370988, at *6-8 (D. Mass. Aug. 14, 2025); Sampiao v. Hyde, --- F. Supp. 3d ---, 2025 WL 2607924, at *7-8 (D. Mass. Sept. 9, 2025); ECF 17, Monteiro Araujo v. Hyde, No. 25-cv-12585-JEK (D. Mass. Sept. 26, 2025). For the reasons explained in those decisions, § 1226(a), not § 1225(b)(2), governs Chavez Chavez's detention. Noncitizens detained under § 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.'" Id. (quoting Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021)).Chavez Chavez's petition for a writ of habeas corpus under 28 U.S.C. § 2241 is therefore GRANTED. The respondents are ORDERED to provide Chavez Chavez with a bond hearing pursuant to 8 U.S.C. § 1226(a) within seven days of this Order. The respondents are further ORDERED to file a status report on or before October 10, 2025, notifying the Court whether Chavez Chavez has been granted bond or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 10/01/2025)

Oct 01, 2025

Order