District of Massachusetts • 1:25-cv-12723

#1

Sep 23, 2025

Petition for Writ of Habeas Corpus - 2241

#2

Sep 23, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Jessica D. Hedges. (JKK) (Entered: 09/23/2025)

#3

Sep 23, 2025

General Order 19-02

#4

Sep 23, 2025

Service Order-2241 Petition

#5

Sep 23, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition, mailed to US Attorney's Office, Antone Moniz, Patricia Hyde, Todd Lyons and Kristi Noem on 9/23/2025. (MBM) (Entered: 09/23/2025)

Sep 23, 2025

Copy Mailed

Sep 23, 2025

Notice of Case Assignment

#6

Sep 29, 2025

Extension of Time

Sep 30, 2025

Order on Motion for Extension of Time

#8

Oct 03, 2025

Answer/Response to Petition for Writ of Habeas Corpus - 2254

#9

Oct 06, 2025

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioner plausibly states a claim for relief by alleging his arrest by U.S. Immigration and Customs Enforcement, Dkt. 1 para. 2, and facts showing that he is entitled either to a bond hearing or to release, depending on what law governs, id. paras. 3-9. In their Answer, Respondents state that Petitioner is “detained pursuant to 8 U.S.C. [s] 1225(b)(2),” Dkt. 8 at 5, but do not indicate that Petitioner was “arriving” in the United States at the time of his arrest and do not indicate the existence of a warrant that would justify his detention under any other legal framework. Accordingly, Respondents are hereby ordered to SHOW CAUSE, in writing, by October 8, 2025, for why Petitioner should not be released, assuming that the Court adheres to its reasoning as previously stated in Diaz Martinez v. Hyde, No. 25-cv-11613-BEM, 2025 WL 2084238 (D. Mass. July 24, 2025), and Aguiriano Romero v. Hyde, No.25-cv-11631-BEM, 2025 WL 2403827 (D. Mass. August 19, 2025). (MBM) (Entered: 10/06/2025)

Oct 06, 2025

Order

#10

Oct 08, 2025

Response to Court Order

#11

Oct 09, 2025

Judge Brian E. Murphy: ELECTRONIC ORDER entered. This Petition is GRANTED. Petitioner is hereby ordered released. Petitioner states that he was arrested by U.S. Immigration and Customs Enforcement on or about July 3, 2025, in Massachusetts. Dkt. 1 para. 2. Respondents confirm Petitioner’s arrest and assert that he is being “detained pursuant to 8 U.S.C. [s.] 1225(b)(2).” Dkt. 8 at 5. However, Respondents do not dispute that Petitioner was “present” in the United States at the time of his arrest, Dkt. 10 at 6-8, as already appeared likely given the location of said arrest. Since Petitioner was “present” in the United States at the time of his arrest, he cannot be detained under 8 U.S.C. 1225(b)(2). Aguirano Romero v. Hyde, No. 25-cv-11631, 2025 WL 24038227 (D. Mass. Aug. 19, 2025).Respondents do not claim authority to detain Petitioner under any other statute, such as 8 U.S.C. s. 1226, which, along with section 1225, “principally govern[s] the detention of noncitizens pending removal proceedings.” Id. at *11. Arrests under section 1226 must be made “[o]n a warrant issued by the Attorney General.” 8 U.S.C. s. 1226. In the Court’s October 6, 2025 Show Cause Order, the Court specifically inquired about the existence of such a warrant, to confirm that no other authority would justify Petitioner’s detention. Dkt. 9 . Respondents have not indicated the existence of any warrant. See generally Dkt. 10 . Accordingly, the Court finds that Petitioner cannot presently be detained under section 1226. A bond hearing under that section would therefore be an inapposite remedy.(MBM) (Entered: 10/09/2025)

Oct 09, 2025

Order

#12

Oct 14, 2025

Judgment