District of Massachusetts • 1:25-cv-13031

#1

Oct 16, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11303230 Fee status: Filing Fee paid., filed by Jahimen J Palencia Morales. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(Bremer, Hans) (Entered: 10/16/2025)

#2

Oct 16, 2025

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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 Paul G. Levenson. (JAM) (Entered: 10/16/2025)

#3

Oct 16, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (FGD) (Entered: 10/16/2025)

#4

Oct 16, 2025

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 10/16/2025)

#5

Oct 16, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition sent to Duty AUSA by email and mailed to Respondents and USAO on 10/16/2025. (FGD) (Entered: 10/16/2025)

Oct 16, 2025

Notice of Case Assignment

Oct 16, 2025

Copy Mailed

#6

Oct 22, 2025

Notice of Appearance

#7

Oct 22, 2025

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

#8

Oct 27, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered Petitioner's Petition, D. 1, and the government's response, D. 7, the Court ALLOWS the Petition to the following extent. Consistent with this Courts ruling in Da Silva v. Bondi et al., No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge), not § 1225(b)(2) as the government contends. Id. and cases cited. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/individualized custody redetermination under 8 U.S.C. § 1226(a), which the Court ORDERS within ten (10) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within fourteen days (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.(LMH) (Entered: 10/27/2025)

Oct 27, 2025

Order

#9

Nov 07, 2025

Status Report

#10

Nov 14, 2025

Judgment