District of Massachusetts • 1:26-cv-11430

#1

Mar 24, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11632704 Fee status: Filing Fee paid., filed by Yeudy Dariel Perez Nunez. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 03/24/2026)

#2

Mar 25, 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 Jessica D. Hedges. (CM) (Entered: 03/25/2026)

#3

Mar 25, 2026

General Order 19-02

#4

Mar 25, 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 April 1, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 03/25/2026)

#5

Mar 25, 2026

Copies of the following were mailed to Antone Moniz, Todd Lyons, Patricia Hyde, Markwayne Mullin, Sirce Owen and Pamela Bondi on 3/25/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 03/25/2026)

Mar 25, 2026

Notice of Case Assignment

Mar 25, 2026

Copy Mailed

#6

Mar 31, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Pamela Bondi, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullin, Sirce Owen (Engingro, Vincent) (Entered: 03/31/2026)

#7

Mar 31, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Pamela Bondi, Patricia Hyde, Todd M Lyons, Antone Moniz, Markwayne Mullin, Sirce Owen. (Engingro, Vincent) (Entered: 03/31/2026)

#8

Mar 31, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Yeudy Dariel Perez Nunez, a citizen of Dominican Republic who entered the United States in December 2022, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on March 24, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 9, 21. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on March 3, 2026. Id. ¶ 2. Perez Nunez remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 2, 24.The respondents argue that Perez Nunez is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 7, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 7, at 1-2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Perez Nunez’s detention.Noncitizens like Perez Nunez “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, Perez Nunez’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 April 9, 2026, notifying the Court whether Perez Nunez has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 03/31/2026)

Mar 31, 2026

Order