District of Massachusetts • 1:26-cv-10576

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11527504 Fee status: Filing Fee paid., filed by Juan Lizardo Puma Capito. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 02/05/2026)

#2

Feb 05, 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 Paul G. Levenson. (SP) (Entered: 02/05/2026)

#3

Feb 05, 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: 02/05/2026)

#4

Feb 05, 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 12, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 02/05/2026)

#5

Feb 05, 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 David Wesling, Antone Moniz, Todd Lyons and Kristi Noem on 2/5/2026. (Currie, Haley) (Entered: 02/05/2026)

Feb 05, 2026

Copy Mailed

Feb 05, 2026

Notice of Case Assignment

#6

Feb 09, 2026

Notice of Appearance

#7

Feb 12, 2026

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

#8

Feb 13, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Juan Lizardo Puma Capito, a citizen of Ecuador who entered the United States in 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on February 5, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 2, 17; id. at 9. On January 17, 2026, he was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶ 3. Puma Capito remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 24.The respondents argue that Puma Capito 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 addressed by this Court in” Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025); dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025); Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025); and Soares da Silva v. Bondi, No. 25-cv-12483-JEK (D. Mass. Oct. 21, 2025). ECF 7, 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, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8; ECF 23, Soares da Silva, No. 25-cv-12483-JEK. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, Sampiao and Soares da Silva, . . . 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 Puma Capito’s detention.Noncitizens like Puma Capito “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, 2025 WL 2607924, 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, Puma Capito’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 24, 2026, notifying the Court whether Puma Capito has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 02/13/2026)

Feb 13, 2026

Order