District of Massachusetts • 1:26-cv-11180

#1

Mar 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11596173 Fee status: Filing Fee paid., filed by Josue Argueta Guevara. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 03/09/2026)

#2

Mar 09, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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 Jennifer C. Boal. (CM) (Entered: 03/09/2026)

#3

Mar 09, 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). (EZG) (Entered: 03/09/2026)

#4

Mar 09, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than March 16, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 03/09/2026)

#5

Mar 09, 2026

Copies of the following were mailed to David Wesling, Todd Lyons, Antone Moniz and Kristi Noem on 3/9/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 03/09/2026)

Mar 09, 2026

Notice of Case Assignment

Mar 09, 2026

Copy Mailed

#6

Mar 16, 2026

Response by Todd Lyons, Antone Moniz, Kristi Noem, David Wesling to 1 Petition for Writ of Habeas Corpus (2241) . (O'Connor, Nicole) (Entered: 03/16/2026)

#7

Mar 16, 2026

NOTICE of Appearance by Nicole M. O'Connor on behalf of Todd Lyons, Antone Moniz, Kristi Noem, David Wesling (O'Connor, Nicole) (Entered: 03/16/2026)

#8

Mar 16, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Josue Argueta Guevara, a citizen of Honduras, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on March 9, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 18, 25, and at 10-11. Two years after entering the United States without inspection in February 2024, Argueta Guevara was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) in February 2026. Id. ¶¶ 1-3, 25. He remains in ICE custody detained at the Plymouth County Correctional Facility in Massachusetts. Id. ¶ 25.The respondents argue that Argueta Guevara is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 6, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 6, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Argueta Guevara’s detention.Noncitizens like Argueta Guevara “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao, 799 F. Supp. 3d at 19-20. Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Argueta Guevara’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report on or before March 24, 2026, notifying the Court whether Argueta Guevara has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 03/16/2026)

Mar 16, 2026

Order

#9

Mar 25, 2026

STATUS REPORT by Todd Lyons, Antone Moniz, Kristi L. Noem, David Wesling. (Attachments: # 1 Exhibit 1)(O'Connor, Nicole) (Entered: 03/25/2026)

#10

Mar 25, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 03/25/2026)