District of Massachusetts • 1:25-cv-12715

#1

Sep 23, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11254774 Fee status: Filing Fee paid., filed by Wilson Omar Ramos Paz. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1: Honduran Passport, # 4 Exhibit 2: Employment Authorization Document, # 5 Exhibit 3: Bona Fide Determination Notice, # 6 Exhibit 4: ICE ODLS, # 7 Exhibit 5: USCIS Receipt Notice, # 8 Exhibit 6: U Nonimmigrant Status Certification)(Born, Stephen) Modified on 9/23/2025 (SR). (Entered: 09/23/2025)

#2

Sep 23, 2025

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (JKK) (Entered: 09/23/2025)

#3

Sep 23, 2025

General Order 19-02

#4

Sep 23, 2025

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 09/23/2025)

Sep 23, 2025

Notice of Case Assignment

#5

Sep 30, 2025

Notice of Appearance

#6

Oct 07, 2025

Extension of Time

Oct 08, 2025

Order on Motion for Extension of Time

#8

Oct 14, 2025

File Excess Pages

#10

Oct 14, 2025

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

Oct 14, 2025

Order on Motion for Leave to File Excess Pages

Oct 16, 2025

Order

#12

Oct 30, 2025

Brief - not related to a motion

#13

Dec 02, 2025

Leave to File Document

#14

Dec 05, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Wilson Omar Ramos Paz ("Petitioner"), D. 1, the opposition of Respondents to same, D. 10, Petitioner's reply, D. 12, and Petitioner's motion for leave to file a supplemental brief and attachments thereto, D. 13, the Court ALLOWS the Petition insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a). The Court notes that the immigration court has scheduled a bond hearing for December 8, 2025. D. 13 at 1; D. 13-3 at 1. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. The Court also ALLOWS Petitioner's motion for leave to file supplemental briefing, D. 13, nunc pro tunc, and has considered it in granting this relief.Factual Background. Petitioner is a thirty-eight-year-old noncitizen from Honduras. D. 1 ¶¶ 1, 27; D. 10-1 ¶ 6. Petitioner left Honduras as a teenager after receiving death threats from a gang that had murdered his brother. D. 1 ¶ 27. Petitioner entered the United States without inspection in approximately 2003. Id. ¶¶ 1, 28; see D. 10-1 ¶ 7. A declarant from U.S. Immigration and Customs Enforcement ("ICE") attested to ICE records reflecting Petitioner's arrests by state or local authorities, and a trespassing conviction, between 2005 and 2021. D. 10-1 ¶¶ 8-12, 14; see D. 12-1; D. 12-2. On December 11, 2017, after Petitioner assisted in law enforcement's investigation of his young daughter's sexual assault, Petitioner filed a petition for U nonimmigrant status (a "U visa"). D. 1 ¶ 30; D. 1-5 at 2; D. 1-8; D. 10-1 ¶ 13. On September 21, 2022, U.S. Citizenship and Immigration Services ("USCIS") issued a bona fide determination ("BFD") notice on Petitioner's U visa application, which included notice of a four-year period of employment authorization and deferred action. D. 1 ¶¶ 31-32; D. 1-4; D. 1-5; see D. 10-1 ¶ 13. Petitioner's employment authorization document does not expire until September 2026, D. 1-4, and he received no notice from USCIS indicating that his employment authorization or deferred action placement has been revoked, D. 1 ¶¶ 32-33; see D. 1-5.On September 20, 2025, ICE arrested and detained Petitioner. D. 1 ¶ 3; D. 10-1 ¶ 15. Until his arrest, Petitioner had not had any contact with ICE or other immigration enforcement authorities. D. 1 ¶ 28. The same day, ICE issued an arrest warrant and Notice to Appear ("NTA"), "charging [Petitioner] as an alien present without admission or parole who is inadmissible pursuant to 8 U.S.C. § 1182(a)(6)(A)(i) and 8 U.S.C. § 1182(a)(7)(A)(i)(I)." D. 10-1 ¶ 15. On September 22, 2025, ICE filed the NTA with the Chelmsford Immigration Court. See id. ¶¶ 16-17. Petitioner filed the Petition on September 23, 2025, alleging that his detention without a bond hearing is unlawful pursuant to 28 U.S.C. § 1226(a) and associated regulations, D. 1 ¶¶ 34-37, and the Fifth Amendment, id. ¶¶ 38-47. Petitioner also alleged that his detention offended due process in light of his placement in deferred action. Id. ¶¶ 48-50.Discussion. Petitioner brings this Petition to challenge the legality of his detention in this district and seeks relief from same. D. 1. Accordingly, this Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F. 4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context").Consistent with this Court's prior rulings, including and not limited to Da Silva v. Bondi, No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), and Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, the Court agrees with Petitioner that his custody is governed by 8 U.S.C. § 1226(a) (which allows for discretionary determinations of custody before an immigration judge), not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), as Respondents contend. D. 10 at 1, 8-10; Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). In the instant case, Petitioner has been classified as an alien present in the United States who has not been admitted or paroled, and apparently not as an arriving alien, in the NTA issued by Respondents. See D. 10-1 ¶ 15. Although the parties discuss Petitioner's criminal history, D. 10 at 3 & n.2; D. 12 at 3-4, Respondents do not contend that Petitioner is subject to mandatory detention under 8 U.S.C. § 1226(c). See D. 10 at 1, 8, 11-19 (arguing that Petitioner is subject to detention under 8 U.S.C. § 1225(b)(2)); D. 10-1 ¶ 15 (opining that "ICE detained Petitioner pursuant to 8 U.S.C. § 1225"). Thus, the Court concludes that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). For the foregoing reasons, the Petition, D. 1, is ALLOWED insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), which the Court notes is scheduled for December 8, 2025. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(LMH) (Entered: 12/05/2025)

Dec 05, 2025

Order