District of Massachusetts • 1:25-cv-12871

#1

Oct 02, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11276059 Fee status: Filing Fee paid., filed by MAYNOR ALBINO JUAREZ NIZ. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(MacMurray, Kevin) (Entered: 10/02/2025)

#2

Oct 02, 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 Jessica D. Hedges. (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

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITIONAND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 10/02/2025)

Oct 02, 2025

Notice of Case Assignment

#5

Oct 07, 2025

Notice of Appearance

#6

Oct 10, 2025

Notice of Appearance

#7

Oct 16, 2025

File Excess Pages

#8

Oct 16, 2025

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

#9

Oct 17, 2025

Brief - not related to a motion

#10

Nov 14, 2025

Expedite

#11

Nov 21, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241). Having reviewed the Petition of Maynor Albino Juarez Niz ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, Respondents' response to same, D. 8, and Petitioner's reply, D. 9, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also 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.Background. Petitioner is a noncitizen from Guatemala who has been living in the United States since May 2019. D. 1 ¶ 6. According to Respondents' submission, D. 8-1, upon arrival, Petitioner presented as an Unaccompanied Alien Child to the United States Customs and Border Protection ("CBP"), id. ¶ 6. On May 1, 2019, the Department of Homeland Security served Petitioner with a Notice to Appear ("NTA") stating that Petitioner "is an alien present in the United States without admission or parole." Id. ¶ 7. On May 3, 2019, Petitioner was placed into the custody of the Office of Refugee Resettlement ("ORR") and was subsequently released to a relative's custody. Id. ¶¶ 8-9. On October 11, 2019, CBP filed the NTA with an immigration court. Id. ¶ 10.On or about May 2, 2020, Petitioner applied for Asylum, Withholding of Removal, and Protection Under the Convention Against Torture with the United States Citizenship and Immigration Services ("USCIS"). D. 1 ¶ 6; see D. 8-1 ¶ 11. On October 24, 2022, Petitioner also submitted an application for Special Immigrant Juvenile ("SIJ") relief which was approved by USCIS on April 28, 2023. Id.; D. 8-1 ¶ 12. On or about March 19, 2025, the U.S. Immigration and Customs Enforcement ("ICE") arrested Petitioner when ICE stopped a vehicle in which Petitioner was a passenger and Petitioner was taken into ICE custody in Burlington, Massachusetts. D. 1 ¶¶ 1, 8; D. 8-1 ¶ 13. On March 23, 2025, ICE transferred Petitioner to Plymouth County Correctional Facility, in Plymouth Massachusetts. D. 8-1 ¶ 14. On March 29, 2025, ICE transferred Petitioner to Jackson Parish Correctional Center, in Jonesboro Louisianna. Id. ¶ 15. On April 28, 2025, an immigration judge at the immigration court in Oakdale, Louisianna conducted a custody redetermination hearing and granted Petitioner release on bond in the amount of $15,000. Id. ¶ 17; see D. 9 at 2. ICE released Petitioner pursuant to this bond order on April 30, 2025. D. 8-1 ¶ 18.On September 1, 2025, the Lynn Police Department arrested Petitioner in Lynn Massachusetts for Domestic Assault and Battery on a Family or Household Member. Id. ¶ 19. Petitioner was released from state custody the next day. Id. ICE subsequently encountered Petitioner at the Lynn District Court and administratively arrested him, cancelling his bond and detaining him "pursuant to 8 U.S.C. § 1225." Id. ¶ 20. ICE then transferred Petitioner from its office in Burlington, Massachusetts to the Plymouth County Correctional Facility in Plymouth Massachusetts, id., where Petitioner remains detained, D. 1 ¶¶ 1, 9. On September 25, 2025, an immigration judge denied Petitioner's request for a bond hearing, ruling that she had no jurisdiction. Id. ¶ 10. Petitioner is currently scheduled for a Final Merit's hearing before the Chelmsford Immigration Court on December 16, 2025. Id. ¶ 12. On October 2, 2025, Petitioner filed the present Petition seeking a bond hearing under 8 U.S.C. § 1226(a). D. 1.Discussion. Consistent with this Court's ruling in Dias De Carvalho and Da Silva, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2), as Respondents contend (which provides for mandatory detention for "applicants for admission"), D. 8 at 18-24. Order, Dias De Carvalho v. Hyde, No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited; Da Silva v. Bondi et al., No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) and cases cited. That is reflected in Petitioner's May 2019 NTA stating that he is "an alien present in the United States who has not been admitted or paroled," not "an arriving alien," D. 8-1 ¶ 7, as well as his approved SIJ application, D. 1 ¶ 6; D. 8-1 ¶ 12. Thus, Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). The Court leaves the question of whether Petitioner's arrest for assault and battery triggers mandatory detention under § 1226(c) to the immigration judge to address in the first instance. See Order, Calel Cumes v. Moniz et al., No. 25-cv-12514-PBS (D. Mass. Oct. 6, 2025), D. 17 at 4-5. In their response to the Petitioner's Petition, "Respondents also move to dismiss all Respondents from this action as they are not Petitioner's custodian." D. 8 at 1 n.1. Here, Petitioner names Patricia Hyde, in her official capacity as Acting Director of the Boston Field Office for ICE, Todd Lyons, in his official capacity as Director of ICE, Sirce Owens, in his official capacity as Director of the Executive Office for Immigration Review, Pamela Bondi, in her official capacity as U.S. Attorney General and Kristi Noem, in her official capacity as U.S. Secretary of Homeland Security. D. 1 at 1. Although generally, "the default rule is that the proper respondent is the warden of the facility where the prisoner is being held, not the Attorney General or some other remote supervisory official," Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004), given that part of the relief sought by Petitioner is a bond hearing pursuant to 8 U.S.C. § 1226(a), D. 1 at 8, and the Court only grants relief as to the bond hearing sought by Petitioner, the Court declines to dismiss Respondents as they can effectuate the bond hearing relief granted. See Garcia Guaman v. Hyde et al., No. 25-CV-12879-ADB, 2025 WL 3194741, at *1 (D. Mass. Oct. 17, 2025) (noting that "it may be necessary to name additional respondents when the remedy sought through a habeas petition involves procedural rights that cannot be effectuated by the immediate custodian") (citing Bourguignon v. MacDonald, 667 F. Supp. 2d 175, 180 (D. Mass. 2009)); see also Gordon v. Johnson, 991 F. Supp. 2d 258, 260 n.1 (D. Mass. 2013) (noting that "the 'immediate custodian rule' might not apply where the relief sought is a bond hearing and not immediate release"), aff'd sub nom. Castaneda v. Souza, 810 F.3d 15 (1st Cir. 2015).For the aforementioned reasons, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also 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: 11/21/2025)

#12

Nov 21, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re: 10 Motion to Expedite. In light of the Court's ruling today on the Petition, D. 1, the Court DENIES Petitioner's motion to expedite as moot. (LMH) (Entered: 11/21/2025)

Nov 21, 2025

Order

Nov 21, 2025

Order on Motion to Expedite