District of Massachusetts • 1:26-cv-11230

#1

Mar 11, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11603339 Fee status: Filing Fee paid., filed by Jose Manuel Cepeda Yautibug. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Marriage Cerificate, # 4 Exhibit Petitioners Order of Probation Conditions) (Nice, Robin) Docket text modified on 3/11/2026 (CAM). Modified on 3/11/2026: to remove duplicate docket text & to restrict documents after correcting "nature of suit" per the filings (EZG). (Entered: 03/11/2026)

#2

Mar 11, 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 M. Page Kelley. (JKK) (Entered: 03/11/2026)

#3

Mar 11, 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). (Currie, Haley) (Entered: 03/11/2026)

#4

Mar 11, 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 18, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 03/11/2026)

#5

Mar 11, 2026

Copies of the following were mailed to Antone Moniz, Todd Lyons, Patricia Hyde and Kristi Noem on 3/11/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 03/11/2026)

Mar 11, 2026

Copy Mailed

Mar 11, 2026

Notice of Case Assignment

#6

Mar 13, 2026

Notice of Appearance

#7

Mar 13, 2026

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

#8

Mar 13, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jose Manuel Cepeda Yautibug, a citizen of Ecuador who entered the United States in 2020, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on March 11, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-2, 15. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on February 16, 2026. Id. ¶ 3. Yautibug remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 3, 11.The respondents argue that Yautibug 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 7, 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 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Yautibug’s detention.Noncitizens like Yautibug “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, Yautibug’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. In line with the existing March 16, 2026 bond hearing scheduled, see ECF 7, at 2, 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 23, 2026, notifying the Court whether Yautibug has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 03/13/2026)

Mar 13, 2026

Order

#9

Mar 23, 2026

STATUS REPORT by Patricia Hyde, Todd Lyons, Antone Moniz, Kristi L. Noem. (Attachments: # 1 Order of Immigration Judge)(Sauter, Mark) (Entered: 03/23/2026)

#10

Mar 23, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 03/23/2026)