District of Massachusetts • 1:26-cv-11279

#1

Mar 15, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11611092 Fee status: Filing Fee paid., filed by Job Garcia Calleja. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Tietjen, Rhonda) Modified on 3/16/2026: to remove duplicate docket text (EZG). (Entered: 03/15/2026)

#2

Mar 16, 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. (CM) (Entered: 03/16/2026)

#3

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)

#4

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. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 03/16/2026)

#5

Mar 16, 2026

Copies of the following were mailed to David Wesling, Antone Moniz, Todd Lyons and Markwayne Mullin on 3/16/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 03/16/2026)

Mar 16, 2026

Notice of Case Assignment

Mar 16, 2026

Copy Mailed

#6

Mar 20, 2026

Notice of Appearance

#7

Mar 20, 2026

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

#8

Mar 20, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Job Garcia Calleja, a citizen of Mexico, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on March 15, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 17, 24 and at 10. After entering the United States without inspection in October 2022, Garcia Calleja was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) on March 4, 2026. Id. ¶¶ 1-3, 24. He remains in ICE custody at the Plymouth County Correctional Facility in Massachusetts. Id. ¶¶ 23-24.The respondents argue that Garcia Calleja is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They “submit that the legal issues presented in this Petition are similar to those recently addressed by” another session of this Court in De Andrade v. Moniz, 802 F. Supp. 3d 325 (D. Mass. 2025). ECF 7, at 1. In that case, Judge Saylor granted the petitioner’s habeas petition and ordered his immediate release because, after being conditionally paroled on an Order of Recognizance, he was subject to Section 1226(a), not Section 1225(b). DeAndrade, 802 F. Supp. 3d at 331-33. The respondents contend that this Court “would reach the same result here” if it were to follow Judge Saylor’s reasoning. ECF 7, at 1.This session has repeatedly held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention in analogous cases. See, e.g., Gomes v. Hyde, 804 F. Supp. 3d 265, 276 (D. Mass. 2025); dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988, at *7 (D. Mass. Aug. 14, 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 28 (D. Mass. 2025). The Court agrees with those decisions, which employ similar reasoning as DeAndrade, and therefore concludes that Section 1226(a), not Section 1225(b), governs Garcia Calleja’s detention.Noncitizens like Garcia Calleja “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, Garcia Calleja’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 Garcia Calleja 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

#9

Mar 30, 2026

STATUS REPORT by David Wesling. (Tolkoff, Benjamin) (Entered: 03/30/2026)

#10

Mar 31, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 03/31/2026)