District of Massachusetts • 1:26-cv-11293

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Mar 16, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11613522 Fee status: Filing Fee paid., filed by Luis Radhames Gonzalez Guerrero. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(McGee, Molly) Modified on 3/16/2026 (SEC). (Entered: 03/16/2026)

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Mar 16, 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 Donald L. Cabell. (SP) (Entered: 03/16/2026)

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Mar 16, 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 Tuesday March 24, 2026. (MAP) (Entered: 03/16/2026)

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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). (MAP) (Entered: 03/16/2026)

Mar 16, 2026

Notice of Case Assignment

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Mar 20, 2026

Notice of Appearance

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Mar 24, 2026

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

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Mar 31, 2026

Judge William G. Young ELECTRONIC ORDER entered: The Court has reviewed the petition filed by Petitioner Luis Radhames Gonzalez Guerrero ("Gonzalez Guerrero") for habeas corpus relief under 28 U.S.C. § 2241 ("Pet."), ECF No. 1, as well as the Respondents response, Respts Oppn ("Resp."), ECF No. 6 . The Court hereby ALLOWS the Petition insofar as it seeks a bond hearing/individualized custody redetermination before an immigration judge, at which the government bears the burden of proving Gonzalez Guerrero 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 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. Gonzalez Guerrero is a native and citizen of Dominican Republic. Pet. 1, 10, 37. He was detained by Immigration Customs Enforcement ("ICE") on March 13, 2026, and has since remained in its custody. Id. 2-3, 10, 40. Gonzalez Guerrero 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. 19, 21, 44, 68-69, 79-80, 82-83. Thus, Gonzalez Guerrero 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 Gonzalez Guerrero challenges his continued detention, this Court has jurisdiction over his petition. Gonzalez Guerrero claims he has resided in the United States for more than 3 years. Pet. 40. He was arrested and detained by ICE at a scheduled check-in appointment. Id. Although Petitioner states that "[o]n information and belief, [he] was not, at the time of arrest, paroled into the United States pursuant to 8 U.S.C. § 1182(d)(5)(A), and therefore [he] cannot be returned under that provision to mandatory custody under 8 U.S.C. § 1225(b)..., id. 18, according to the Respondents representations, the opposite seems to be the case here. Gonzalez Guerrero was apparently issued an Order of Expedited Removal under section 1225(b)(1) and subsequently paroled into the United States following a credible fear interview, pursuant to section 1182(d)(5)(A). Resp. 2-3. Taking Respondents at their word, this Court agrees with them that Gonzalez Guerreros detention, being mandatory in nature, continues being governed by section 1225(b). This holding, however, does not dispense with the questions of constitutionality present in this case. The Court recognizes that judges in this district expressed diverging views as to the effects of the so-called "entry fiction doctrine" on the entitlement of petitioners like Gonzalez Guerrero to a bond hearing. Compare Banegas v. McDonald, No. CV 25-13161-NMG, 2025 WL 3251395, at *3 (D. Mass. Nov. 21, 2025) (Gorton, J.) (ruling a petitioner, subject to mandatory detention under section 1225(b), not entitled to a bond hearing); De Souza Costa v. Wesling, No. 25-cv-13480-DJC, ECF No. 9 (D. Mass. Dec. 23, 2025) (Casper, C. J.) (same), Malan Pesantez v. Noem, No. 26-cv-10106-RGS, ECF No. 9 (D. Mass. Feb. 2, 2026) (Stearns, J.) (same), with Rincon v. Hyde, 810 F. Supp. 3d 101, 116 (D. Mass. 2025) (Murphy, J.) (holding that, under the circumstances, detention under section 1225 without a bond hearing violates petitioners due-process rights), appeal docketed, No. 26-1146 (1st Cir. Feb. 11, 2026); Cardoso v. Hyde, No. 25-CV-13935-AK, 2026 WL 468200, at *3 (D. Mass. Feb. 19, 2026) (Kelley, J.) (same); Alsaheb v. Wesling, No. 25-cv-13422-MJJ, ECF No. 9 at 4-5 (D. Mass. Dec. 2, 2025) (Joun, J.). Respectfully, this Court finds the opinion expressed in the latter line of cases persuasive. Accordingly, this Court rules that, as due process requires, Gonzalez Guerrero is entitled to a bond hearing before an immigration judge. In his brief, Gonzalez Guerrero further contends is a member of the classes certified in Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297 (D. Mass. 2025) (Saris, J.) (appeal filed), and Maldonado Bautista v. Santacruz, No. 5:25-CV-01873-SSS-BFM, 2025 WL 3288403 (C.D. Cal. Nov. 25, 2025. Pet. 25-27. This Court, however, having independently determined Gonzalez Guerreros entitlement to a bond hearing, does not need to determine the effect of Guerrero Orellana and Maldonado Bautista on this case. 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, at which the government bears the burden of proving that Gonzalez Guerrero 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 Gonzalez Guerrero 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: 03/31/2026)

Mar 31, 2026

Order

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Apr 01, 2026

Status Report

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Apr 06, 2026

Status Report