District of Massachusetts • 1:26-cv-11125

#1

Mar 04, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11589201 Fee status: Filing Fee paid., filed by Frank Mazo Villa. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 03/04/2026)

#2

Mar 04, 2026

Judge Brian E. Murphy: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL.(CM) (Entered: 03/04/2026)

#3

Mar 05, 2026

ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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. (CM) (Entered: 03/05/2026)

#4

Mar 05, 2026

Judge William G. Young ORDER entered: ORDER Concerning Service of Petition and Stay of Transfer or Removal. Respondents Shall Answer or Otherwise Respond to the Petition No Later Than Thursday March 12, 2026. (MAP) (Entered: 03/05/2026)

#5

Mar 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). (MAP) (Entered: 03/05/2026)

Mar 05, 2026

Notice of Case Assignment

#6

Mar 12, 2026

Notice of Appearance

#7

Mar 12, 2026

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

#8

Mar 13, 2026

Judge William G. Young ELECTRONIC ORDER entered:The Court has reviewed the petition filed by Petitioner Frank Mazo Villa ("Mazo Villa") for habeas relief under 28 U.S.C. § 2241 ("Petition"), ECF No. 1, as well as the Respondents response, ECF No. 7 . The Court hereby ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), at which the government bears the burden of proving petitioner Mazo Villa poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), and ORDERS this hearing be held within seven (7) days of the date of this Order. The Court further ORDERS Respondents to file a status report -- stating whether petitioner Mazo Villa has been granted bond and, if his request for bond is denied, the reasons for the denial -- within ten (10) days of this Order. FACTUAL BACKGROUND. Mazo Villa is a noncitizen from Colombia. ECF No. 1, 1. Mazo Villa entered the United States without inspection on or about June 17, 2023. Id. 24. On March 4, 2026, Mazo Villa was detained by Immigration Customs Enforcement ("ICE") and has since remained in its custody. Id. 3-4. Mazo Villa contends that his detention, properly governed by 8 U.S.C. § 1226(a), violates his rights under the Due Process Clause of the Fifth Amendment. Id. 30, 35. Thus, Mazo Villa requests a bond hearing. ANALYSIS. District courts retain jurisdiction to hear noncitizens challenges to the legality of their immigration detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023). Since Mazo Villa challenges his continued detention, this Court has jurisdiction over his petition. </pMazo Villa claims he has resided in the United States since around June 17, 2023. ECF No. 1, 1-2, 24. This Court agrees with petitioner Mazo Villa that his custody is governed by 8 U.S.C. § 1226(a) which, as due process requires, entitles Mazo Villa to a bond hearing before an immigration judge. This conclusion is consistent with a growing body of this courts rulings in similar cases. See, e.g., Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025) (Kobick, J.); De Andrade v. Moniz, 802 F. Supp. 3d 325, 333 (D. Mass. 2025) (Saylor, J.); Araujo da Silva v. Bondi, No. 25-CV-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) (Casper, C.J.); Chuqui Paredes v. Moniz, No. CV 26-10335-FDS, 2026 WL 309632, at *2 (D. Mass. Feb. 5, 2026) (Saylor, J.). Notably, Respondents do not contest petitioner Mazo Villas eligibility for a bond hearing. ECF No. 7 at 1. For the foregoing reasons, the Court rules as follows. The Court ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), at which the government bears the burden of proving petitioner Mazo Villa poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), and ORDERS this hearing be held within seven (7) days of the date of this Order. The Court ORDERS Respondents to file a status report -- stating whether petitioner Mazo Villa has been granted bond and, if the request for bond is denied, the reasons for the denial -- within ten (10) days of this Order. (MAP) (Entered: 03/13/2026)

Mar 13, 2026

Order