District of Massachusetts • 1:26-cv-11218

#1

Mar 10, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11601244 Fee status: Filing Fee paid., filed by Gladys Valentina Reynosa Zapet De Garcia. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form)(MacMurray, Kevin) (Main Document 1 replaced on 3/10/2026) (MAP). (Entered: 03/10/2026)

#2

Mar 10, 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 Donald L. Cabell. (LBO) (Entered: 03/10/2026)

#3

Mar 10, 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 Wednesday March 18, 2026. (MAP) (Entered: 03/10/2026)

#4

Mar 10, 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: 03/10/2026)

Mar 10, 2026

Notice of Case Assignment

#5

Mar 13, 2026

Notice - Other

#6

Mar 13, 2026

Notice of Appearance

#7

Mar 18, 2026

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

#8

Mar 23, 2026

Judge William G. Young: ELECTRONIC ORDER entered:The Court has reviewed the petition filed by Petitioner Gladys Valentina Reynosa Zapet De Garcia ("Reynosa Zapet De Garcia") for habeas relief under 28 U.S.C. § 2241 ("Pet."), ECF No. 1, as well as the Respondents response ("Resp."), 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 Reynosa Zapet De Garcia 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 Reynosa Zapet De Garcia has been granted bond and, if her request for bond is denied, the reasons for the denial -- within ten (10) days of this Order. FACTUAL BACKGROUND. Reynosa Zapet De Garcia is a national and citizen of Guatemala. Resp., Ex. 1, Decl. Acting Assistant Field Office Dir. Brian E. Sullivan (Decl. Sullivan) 6, ECF No. 7-1. Reynosa Zapet De Garcia entered the United States on an unknown date, place and time. Id. 8. On March 10, 2026, Reynosa Zapet De Garcia was detained by Immigration Customs Enforcement ("ICE") and has since remained in its custody. Id. 10. Reynosa Zapet De Garcia contends that her detention violates her rights under the Due Process Clause of the Fifth Amendment. Pet. at 6. Thus, Reynosa Zapet De Garcia 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 Reynosa Zapet De Garcia challenges her continued detention, this Court has jurisdiction over her petition. This Court agrees with petitioner Reynosa Zapet De Garcia that her custody is governed by 8 U.S.C. § 1226(a) which, as due process requires, entitles her 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 Reynosa Zapet De Garcias eligibility for a bond hearing. Resp. at 1. In her brief, Reynosa Zapet De Garcia contends to be a member of the class certified in Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297 (D. Mass. 2025) (Saris, J.). Pet. at 5. This Court, however, having independently determined Reynosa Zapet De Garcias entitlement to a bond hearing, declines to determine the effect of the Guerrero Orellana on this case. See Batista v. Hyde, No. 26-cv-10195-FDS, 2026 WL 205636, at *2 n. 2 (D. Mass. Jan. 27, 2026) (Saylor, J.) For the foregoing reasons, the Court rules as follows. The Court ALLOWS the Petition, ECF No. 1, 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 Reynosa Zapet De Garcia poses a danger to the community or flight risk, see Hernandez-Lara, 10 F.4th at 41, 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 Reynosa Zapet De Garcia 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: 03/23/2026)

Mar 23, 2026

Order