District of Massachusetts • 1:25-cv-13011

#1

Oct 15, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11299118 Fee status: Filing Fee paid., filed by Margarito Hercules Acosta. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form)(Ciachurski, Julia) (Entered: 10/15/2025)

#2

Oct 15, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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: 10/15/2025)

#3

Oct 15, 2025

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition and Stay of Transfer of Removal. (CEH) (Main Document 3 replaced on 10/15/2025) (CEH). Modified on 10/15/2025 to replace Order with signed version. NEF regenerated to all parties (CEH). (Entered: 10/15/2025)

#4

Oct 15, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to AUSA Brendan Mockler, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 10/15/2025 at 11:28 AM. (CEH) (Entered: 10/15/2025)

#5

Oct 15, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition mailed to All Respondents on 10/15/2025. (CEH) (Entered: 10/15/2025)

Oct 15, 2025

Copy Mailed

Oct 15, 2025

Notice of Case Assignment

#6

Oct 16, 2025

Order

#7

Oct 16, 2025

General Order 19-02

#8

Oct 17, 2025

Notice of Appearance

#9

Oct 17, 2025

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

#10

Oct 20, 2025

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Margarito Hercules Acosta’s Petition for Writ of Habeas Corpus. [Dkt. 1]. In their Response, Respondents acknowledge that "the relevant facts are materially indistinguishable from the relevant facts presented in” [Dkt. 9 at 4] Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which the 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). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar 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 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 10/20/2025)

Oct 20, 2025

Order

#11

Oct 30, 2025

Status Report