District of Massachusetts • 1:26-cv-11233

#1

Mar 11, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Larry Esmith Rivera Ato. (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5)(LBO) (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 Jessica D. Hedges. (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). (EZG) (Entered: 03/11/2026)

Mar 11, 2026

Notice of Case Assignment

#4

Mar 12, 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 19, 2026. (Currie, Haley) (Entered: 03/12/2026)

#5

Mar 12, 2026

Copies of the following were mailed to the Department of Homeland Security on 3/12/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 03/12/2026)

#6

Mar 12, 2026

PSSA Order 2 - 2241 no fee or IFP

#7

Mar 12, 2026

Copies of the following were mailed to Larry Esmith Rivera Ato on 3/12/2026: 6 Procedural Order re Filing Fee, AO 240 - Application to Proceed without Paying Fees or Costs, and docket sheet. (Currie, Haley) (Entered: 03/12/2026)

Mar 12, 2026

Copy Mailed

#8

Mar 13, 2026

Notice of Appearance

#9

Mar 19, 2026

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

#10

Mar 19, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Larry Esmith Rivera Ato, a citizen of Peru, 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, ¶¶ 13, 15; ECF 1-1, at 2. He was recently arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”). ECF 1, ¶ 13; ECF 1-1, at 2. Rivera Ato remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. ECF 1-5, at 2.The respondents argue that Rivera Ato is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the Petition are similar to those recently addressed by this Court in” dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025). ECF 9, at 1. In that case, 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. The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, it would reach the same result here.” ECF 9, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Rivera Ato’s detention.Noncitizens like Rivera Ato “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, Rivera Ato’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 March 30, 2026, notifying the Court whether Rivera Ato has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 03/19/2026)

Mar 19, 2026

Order

#11

Mar 20, 2026

A copy of the following was mailed to Larry Esmith Rivera Ato on 3/20/2026: 10 Electronic Order (Currie, Haley) (Entered: 03/20/2026)

Mar 20, 2026

Copy Mailed

#12

Mar 23, 2026

Proceed In Forma Pauperis

#13

Mar 24, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 12 MOTION for Leave to Proceed in forma pauperis (Currie, Haley) (Entered: 03/24/2026)

#14

Mar 24, 2026

A copy of the following was mailed to Larry Esmith Rivera Ato on 3/24/2026: 13 Electronic Order (Currie, Haley) (Entered: 03/24/2026)

Mar 24, 2026

Copy Mailed

Mar 24, 2026

Order on Motion for Leave to Proceed In Forma Pauperis

#15

Mar 30, 2026

STATUS REPORT by Department of Homeland Security. (Attachments: # 1 Exhibit)(Canzoneri, Julian) (Entered: 03/30/2026)

#16

Mar 30, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 03/30/2026)

#17

Mar 30, 2026

A copy of the following was mailed to Larry Esmith Rivera Ato on 3/30/2026: 16 Judgment (Currie, Haley) (Entered: 03/30/2026)

Mar 30, 2026

Copy Mailed