District of Massachusetts • 1:26-cv-11320

#1

Mar 18, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11617673 Fee status: Filing Fee paid., filed by Jose M Reyes Vargas. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit A, # 4 Exhibit B)(Gonzalez, Emmanuel) Modified on 3/18/2026 (JKK). (Entered: 03/18/2026)

#2

Mar 18, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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 Jennifer C. Boal. (CEH) (Entered: 03/18/2026)

#3

Mar 18, 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). (NMC) (Entered: 03/18/2026)

#4

Mar 18, 2026

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than March 23, 2026. (NMC) (Entered: 03/18/2026)

#5

Mar 18, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition mailed to All Respondents on 3/18/2026. (NMC) (Entered: 03/18/2026)

Mar 18, 2026

Copy Mailed

Mar 18, 2026

Notice of Case Assignment

#6

Mar 23, 2026

Notice of Appearance

#7

Mar 23, 2026

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

#8

Mar 24, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. Petitioner is directed to file a Reply to the Government's Response, Doc. No. 7, by no later than March 31, 2026.(SP) (Entered: 03/24/2026)

#9

Mar 24, 2026

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

Mar 24, 2026

Order

#10

Mar 25, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. On March 18, 2026, Petitioner Jose Manuel Reyes Vargas filed a Petition for Writ of Habeas Corpus, Doc. No. 1, seeking release from custody or, in the alternative, a bond hearing. Petitioner is a native and citizen of the Dominican Republic, Doc. No. 1 at ¶ 11, and entered the United States on June 3, 2022, as a conditional permanent resident, Doc. No. 7-1 at 2. Petitioner timely filed a Form I-751, Doc. No. 1-3 at 3, ¶ 11, and on October 16, 2024, Petitioner was sent a I-797 Notice of Action extending the validity of his permanent resident card, which was set to expire on June 3, 2024, Doc. No. 1-4 at 3, for 48 months from the date of expiration, Doc. No. 1-4 at 4. On January 29, 2026, Petitioner’s conditional permanent resident status was terminated. Id. Petitioner was arrested by U.S. Customs and Border Protection on March 13, 2026, and was issued a Notice to Appear in removal proceedings with his first hearing set for March 26, 2026. Doc. No. 7 at 3. "Petitioner was also issued a Form I-286, Notice of Custody Determination on March 13, 2026[,] advising him that pending his removal proceedings, DHS was detaining him pursuant to 8 U.S.C. § 1226(a) and that Petitioner was entitled to request review of that custody determination by an IJ." Id. Both Petitioner and the Government agree that Petitioner is currently detained pursuant to 8 U.S.C. § 1226(a). See Doc. No. 7 at 1; Doc. No. 1 at 1, ¶ 6. Noncitizens like Reyes Vargas are entitled to a bond hearing before an Immigration Judge. See 8 C.F.R. §§ 1236.1(c)(8), (d)(1); id. § 1003.19(a). There is no evidence that Petitioner has requested such a hearing. When a noncitizen's habeas petition is governed by this discretionary detention framework, and they have failed to exhaust their administrative remedies in front of an Immigration Judge, dismissal of the habeas petition is warranted. See Quinonez Mercado as next friend of Abarca-Jovel v. Dep't of Homeland Sec., No. 1:25-CV-12066-JEK, 2025 WL 2430423, at *3 (D. Mass. Aug. 22, 2025). The petition therefore is DENIED, and this action is DISMISSED without prejudice. (SP) (Entered: 03/25/2026)

#11

Mar 25, 2026

Order Dismissing Case

Mar 25, 2026

Order