District of Massachusetts • 1:26-cv-11270

#1

Mar 13, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Mar 13, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (JPM) (Entered: 03/13/2026)

#3

Mar 16, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (CM) (Entered: 03/16/2026)

#4

Mar 16, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered. Pursuant to Local Rule 40.1(j)(1), I hereby direct the Clerk forthwith to randomly reassign the case to another District Judge.(LP) (Entered: 03/16/2026)

#5

Mar 16, 2026

ELECTRONIC NOTICE of Reassignment. District Judge Julia E. Kobick added. District Judge Patti B. Saris no longer assigned to case. (SP) (Entered: 03/16/2026)

#6

Mar 16, 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: 03/16/2026)

#7

Mar 16, 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 23, 2026. (Currie, Haley) (Entered: 03/16/2026)

#8

Mar 16, 2026

Copies of the following were mailed to Antone Moniz, David Wesling, Todd Lyons, Kristi Noem, and Pamela Bondi on 3/16/2026: 1 Petition for Writ of Habeas Corpus (2241) and 7 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 03/16/2026)

Mar 16, 2026

Copy Mailed

Mar 16, 2026

Order

Mar 16, 2026

Notice of Reassignment

Mar 16, 2026

Notice of Case Assignment

#9

Mar 17, 2026

Notice of Appearance

#10

Mar 20, 2026

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

#11

Mar 20, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jean Pier Medis, a citizen of Brazil, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on March 13, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 19, and at 10-11. In June 2021, Medis entered the United States without inspection. Id. ¶ 3. He was arrested and detained by U.S. Immigration and Customs Enforcement ("ICE") on March 10, 2026. Id. ¶ 4. He remains in ICE custody detained at the Plymouth County Correctional Facility in Massachusetts. Id. ¶¶ 1, 19.The respondents argue that Medis 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), "among others." ECF 10, at 1. In dos Santos, this Court held that 8U.S.C. §1226(a)—not Section 1225(b)—governed the petitioner's detention. dos Santos, 2025 WL 2370988, at *7; accord Gomes v. Hyde, 804 F. Supp. 3d 265, 276 (D. Mass. 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 28 (D. Mass. 2025). The respondents contend that "[s]hould the Court follow its reasoning in dos Santos, it would reach the same result here." ECF 10, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Medis's detention.Noncitizens like Medis "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 aflightrisk."Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Medis'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 Medis has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 03/20/2026)

Mar 20, 2026

Order