District of Massachusetts • 1:26-cv-11254

#1

Mar 13, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11609040 Fee status: Filing Fee paid., filed by Gustavo Edgardo Hernandez Cantaderio. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 03/13/2026)

#2

Mar 13, 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 Paul G. Levenson. (SP) (Entered: 03/13/2026)

#3

Mar 13, 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 Friday March 20, 2026. (MAP) (Entered: 03/13/2026)

#4

Mar 13, 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: 03/13/2026)

Mar 13, 2026

Notice of Case Assignment

#5

Mar 18, 2026

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

#6

Mar 23, 2026

Judge William G. Young: ELECTRONIC ORDER entered: The Court has reviewed the petition filed by Petitioner Gustavo Edgardo Hernandez Cantaderio ("Hernandez Cantaderio") for habeas relief under 28 U.S.C. § 2241 ("Pet."), ECF No. 1, as well as the Respondents response ("Resp."), ECF No. 5 . 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 Hernandez Cantaderio 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 Hernandez Cantaderio has been granted bond and, if his request for bond is denied, the reasons for the denial -- within ten (10) days of this Order. FACTUAL BACKGROUND. Hernandez Cantaderio is a native and citizen of El Salvador. Pet. 1. On February 2, 2026, Hernandez Cantaderio was detained by Immigration Customs Enforcement ("ICE") and has since remained in its custody. Id. 2. Hernandez Cantaderio contends that his detention, properly governed by 8 U.S.C. § 1226(a), violates his rights under the Due Process Clause of the Fifth Amendment. Id. 7, 30-44. Thus, Hernandez Cantaderio 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 Hernandez Cantaderio challenges his continued detention, this Court has jurisdiction over his petition. Hernandez Cantaderio claims he has resided in Massachusetts for more than two years. Pet. 21. This Court agrees with petitioner Hernandez Cantaderio that his custody is governed by 8 U.S.C. § 1226(a) which, as due process requires, entitles Hernandez Cantaderio 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 Hernandez Cantaderios eligibility for a bond hearing. Resp. at 1. In his brief, Hernandez Cantaderio 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. 7. This Court, however, having independently determined Hernandez Cantaderios entitlement to a bond hearing, declines to determine the effect of 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 Hernandez Cantaderio 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 Hernandez Cantaderio 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