District of Massachusetts • 1:25-cv-13008

#1

Oct 14, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number BMADC-11298343 Fee status: Filing Fee paid., filed by Victor Hugo Gamez Martinez. (Attachments: # 1 Civil Cover Sheet 2513008 Civil Cover Sheet, # 2 Category Form 2513008 Category Form)(Herrero, Johanna) (Entered: 10/14/2025)

#2

Oct 15, 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 Jessica D. Hedges. (CM) (Entered: 10/15/2025)

#3

Oct 15, 2025

Service Order-2241 Petition

#4

Oct 15, 2025

General Order 19-02

Oct 15, 2025

Notice of Case Assignment

Oct 16, 2025

Copy Mailed

#6

Oct 21, 2025

Notice of Appearance

#7

Oct 29, 2025

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

#8

Oct 30, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Victor Hugo Gamez Martinez's petition for writ of habeas corpus. [ECF No. 1 ]. Respondents "acknowledge that the principal legal issues in this case substantially overlap with those at issue in Morales[ v. Plymouth County Correctional Facility, No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025),] and [Duarte] Rocha[ v. Hyde, No. 25-cv-12584, 2025 WL 2807692 (D. Mass. Oct. 2, 2025)]." [ECF No. 7 at 5 ]. In those cases, 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 further acknowledge that "[s]hould the Court apply the same reasoning of those cases here, it would reach the same result as the facts in those cases are materially similar to the facts in this case." [Id.]. 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. 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.(KF) (Entered: 10/30/2025)

#9

Oct 30, 2025

Status Report

Oct 30, 2025

Order

#10

Nov 13, 2025

Status Report

#11

Nov 13, 2025

Order