District of Massachusetts • 1:25-cv-12999

#1

Oct 14, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11296824 Fee status: Filing Fee paid., filed by Bouchaib Mezdaoui. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 10/14/2025)

#2

Oct 14, 2025

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 Donald L. Cabell. (CM) (Entered: 10/14/2025)

#3

Oct 14, 2025

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 October 21, 2025. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 10/14/2025)

#4

Oct 14, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Todd M Lyons, Department of Homeland Security, Kristi Noem and Pamela Bondi on 10/14/2025. (Currie, Haley) (Entered: 10/14/2025)

Oct 14, 2025

Notice of Case Assignment

Oct 14, 2025

Copy Mailed

#5

Oct 17, 2025

Notice of Appearance

#6

Oct 21, 2025

Extension of Time to File Response/Reply

#7

Oct 21, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 6 Assented to MOTION for Extension of Time to 10/23/2025 to File Response/ReplyResponse due 10/23/2025 (Currie, Haley) (Entered: 10/21/2025)

Oct 21, 2025

Order on Motion for Extension of Time to File Response/Reply

#8

Oct 23, 2025

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

#9

Oct 24, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Bouchaib Mezdaoui, a citizen of Morocco, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on October 14, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 6, 13, 28, 33, 39. In August 2024, he entered the United States without inspection by crossing the southern border, was served with a Notice to Appear, and placed in removal proceedings in Immigration Court. Id. ¶¶ 1, 13-14. That Court administratively closed those proceedings in March 2025. Id. ¶ 15. Mezdaoui was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") on October 3, 2025. Id. ¶¶ 2, 16. He remains in ICE's custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 6, 16. The respondents argue that Mezdaoui is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that this Court's decisions in dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Soares da Silva v. Bondi, No. 25-cv-12483-JEK, ECF 23 (D. Mass. Oct. 21, 2025), are "materially indistinguishable" and thus "control this case." ECF 8, at 1-3. In those actions, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. dos Santos, 2025 WL 2370988, at *7; Soares da Silva, ECF 23. The respondents contend that "[s]hould the Court apply the reasoning of" those two cases, "it would reach the same result here." ECF 8, at 2-3. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Mezdaoui's detention.Noncitizens like Mezdaoui "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." dos Santos, 2025 WL 2370988, at *1. 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, Mezdaoui'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 November 4, 2025, notifying the Court whether Mezdaoui has been granted bond or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 10/24/2025)

Oct 24, 2025

Order

#10

Nov 03, 2025

Status Report

#11

Nov 03, 2025

Judgment