District of Massachusetts • 1:25-cv-12860

#1

Oct 02, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11275434 Fee status: Filing Fee paid., filed by Felipe Armando Andrade Hernandez. (Attachments: # 1 Category Form Petitioner's Category Form, # 2 Civil Cover Sheet Petitioner's Civil Cover Sheet)(Chatterjee, Shantanu) (Entered: 10/02/2025)

#2

Oct 02, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (JAM) (Entered: 10/02/2025)

#3

Oct 02, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (KLM) (Entered: 10/02/2025)

#4

Oct 02, 2025

Judge Allison D. Burroughs: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than October 16, 2025. (CAM) (Entered: 10/02/2025)

#5

Oct 02, 2025

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to Duty AUSA MAtthew Lyons via email and mailed to USAO and Respondents on 10/2/2025. (CAM) (Entered: 10/02/2025)

Oct 02, 2025

Copy Mailed

Oct 02, 2025

Notice of Case Assignment

#6

Oct 03, 2025

Notice of Appearance

#7

Oct 16, 2025

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

#8

Oct 16, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Felipe Armando Andrade Hernandez’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents note that the relevant facts presented in the instant petition are “materially indistinguishable” from those in Morales v. Plymouth County Correctional Facility, No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). [ECF No. 7 at 2]. In that case, as well as in several other recent decisions, including Rocha v. Hyde, No. 25-cv-12584, 2025 WL 2807692, at *2 (D. Mass. Oct. 2, 2025), this Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). Respondents acknowledge that “[s]hould the Court apply the reasoning of Morales, it would reach the same result here.” [ECF No. 7 at 2]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED IN PART. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. (CAM) (Entered: 10/16/2025)

Oct 16, 2025

Order AND ~Util - Set Deadlines

#9

Oct 30, 2025

Status Report

#11

Oct 31, 2025

Notice of Voluntary Dismissal

Oct 31, 2025

Order To Show Cause