District of Massachusetts • 1:26-cv-11341

#1

Mar 18, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11620017 Fee status: Filing Fee paid., filed by Erika Patricia Serpas Sazo. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 03/18/2026)

#2

Mar 18, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 03/18/2026)

#3

Mar 19, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (CM) (Entered: 03/19/2026)

#4

Mar 19, 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). (MAC) (Entered: 03/19/2026)

Mar 19, 2026

Notice of Case Assignment

#5

Mar 20, 2026

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

#6

Mar 20, 2026

Miscellaneous Relief

#7

Mar 20, 2026

Notice of Appearance

#8

Mar 23, 2026

Service Order-2241 Petition

#9

Mar 25, 2026

Opposition to Motion

#10

Mar 25, 2026

Miscellaneous Relief

#11

Mar 26, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Erika Patricia Serpas Sazo ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the government's response, D. 5, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, id. at 1, "the legal issues presented in this Petition are similar to those recently addressed by this Court in Dias De Carvalho v. Hyde," id.; see Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Consistent with this Court's prior ruling in Dias De Carvalho, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission") as the government contends, see D. 5 at 1 n.2. Thus, Petitioner is entitled to a bond hearing. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that she is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if her request for bond was denied, the reasons for that denial. On March 20, 2026, the government moved for authorization to transfer Petitioner to the Houston Contract Detention Facility IHSC in Houston, TX (the "Houston Facility"). D. 6 at 1. The government agreed that with a transfer of Petitioner to the Houston Facility, the Court would retain jurisdiction over the Petition. Id. at 2. Petitioner filed an opposition to the motion on March 25, 2026. D. 9. Later that day, the government withdrew its contested motion to transfer Petitioner to the Houston Facility, D. 10 at 1 n.1, and filed an assented-to motion to transfer Petitioner to the Strafford County Jail in Dover, New Hampshire (the "Strafford County Jail") in advance of the Court's Order precluding transfer of Petitioner from Massachusetts absent "at least 48 hours" advance notice, id. at 1; see D. 8 at 3. The government again agreed that with a transfer of Petitioner to the Strafford County Jail, the Court would retain jurisdiction over the Petition. Id. Accordingly, the Court ALLOWS the government's motion to transfer Petitioner to the Strafford County Jail, D. 10, and DENIES the motion for transfer to the Houston Facility, D. 6, as moot. (LMH) (Entered: 03/26/2026)

Mar 26, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief

#12

Apr 06, 2026

Status Report

#13

Apr 16, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the status report, D. 12, and relief previously granted, D. 11, the Court closes this case. (SEC) (Entered: 04/16/2026)

Apr 16, 2026

Order