District of Massachusetts • 1:26-cv-11426

#1

Mar 24, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11632495 Fee status: Filing Fee paid., filed by Brandon Daniel Flores-Castillo. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil Cover Sheet)(Bade, Jennifer) (Entered: 03/24/2026)

#2

Mar 25, 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 Jennifer C. Boal. (CM) (Entered: 03/25/2026)

#3

Mar 25, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 03/25/2026)

#4

Mar 25, 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). (SEC) (Entered: 03/25/2026)

Mar 25, 2026

Notice of Case Assignment

#5

Mar 26, 2026

Notice of Appearance

#6

Mar 30, 2026

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

#7

Apr 02, 2026

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

#8

Apr 13, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Brandon Daniel Flores-Castillo. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Brandon Daniel Flores-Castillo ("Petitioner"), D. 1, Respondents' response to same, D. 6, and Petitioner's reply, D. 7, the Court ALLOWS the Petition insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge 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 he 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 his request for bond was denied, the reasons for that denial.Factual Background. Petitioner is a noncitizen from Guatemala currently detained in the custody of Immigration and Customs Enforcement ("ICE") at Plymouth County Correctional Facility. D. 1 ¶¶ 1, 4, 27, 30. Petitioner entered the United States on approximately June 11, 2017. Id. ¶¶ 1, 30, 36. Petitioner has been in removal proceedings since 2019. Id. ¶ 30. Although he was criminally charged in Massachusetts in 2023, the charges were dismissed in 2025 upon Petitioner's completion of pretrial probation. Id. ¶ 38. Petitioner is married to a U.S. citizen, and a Petition for Alien Relative filed on his behalf was approved on December 27, 2024. Id. ¶ 2. He also has a pending Application for Asylum and Withholding of Removal. Id. ¶ 30. On or about March 18, 2026, Petitioner was detained by ICE. Id. ¶¶ 3, 37. Petitioner alleges that his detention is not authorized under 8 U.S.C. § 1225(b), and that his custody is properly governed by 8 U.S.C. § 1226(a). Id. ¶¶ 6-12, 56-61. Petitioner contends that his detention without a bond hearing is, therefore, unlawful, including because it violates his rights under the Due Process Clause of the Fifth Amendment, id. at 12-14, and is contrary to statute, id. at 12. He seeks a bond hearing. Id. ¶ 13. Discussion. The Petition challenges Petitioner's detention in this district and seeks relief from same. Id. at 15. Accordingly, this Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context").Consistent with this Court's prior rulings, including and not limited to Da Silva v. Bondi, No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), and Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, the Court agrees with Petitioner that his custody is governed by 8 U.S.C. § 1226(a) (which allows for discretionary determinations 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 Respondents contend, see D. 6 at 1 n.2; see also Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). Respondents submit that this Court's decision in Dias de Carvalho is likely dispositive here. See D. 6 at 1. Thus, the Court concludes that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). Accordingly, the Court ALLOWS the Petition, D. 1, insofar as it sought a bond hearing/individualized 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, 10 F.4th at 41, which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he 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 his request for bond was denied, the reasons for that denial. (SEC) (Entered: 04/13/2026)

Apr 13, 2026

Order

#9

Apr 21, 2026

Status Report

#10

Apr 24, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the recent status update, D. 9, the Court closes this case. (SEC) (Entered: 04/24/2026)

Apr 24, 2026

Order

#11

May 20, 2026

Order Dismissing Case