District of Massachusetts • 1:26-cv-11441

#1

Mar 25, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11635384 Fee status: Filing Fee paid., filed by Sergio Andres Garcia Velasquez. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Civil Cover Sheet, # 4 Category Form)(Hurvich, Carl) (Entered: 03/25/2026)

#2

Mar 25, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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 M. Page Kelley. (NMC) (Entered: 03/25/2026)

#3

Mar 25, 2026

General Order 19-02

#4

Mar 25, 2026

Order

#5

Mar 25, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order, mailed to each respondent and courtesy copy emailed to Duty AUSA on 3/25/2026. (CGK) (Entered: 03/25/2026)

Mar 25, 2026

Notice of Case Assignment

Mar 25, 2026

Copy Mailed

#6

Mar 27, 2026

Extension of Time to File Answer

#7

Mar 27, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 6 Assented to Motion for Extension of Time to April 3, 2026 to File Answer. Respondents' Answer due by 4/3/2026. (CGK) (Entered: 03/27/2026)

Mar 27, 2026

Order on Motion for Extension of Time to Answer

#8

Apr 02, 2026

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

#9

Apr 02, 2026

Notice of Appearance

#10

Apr 05, 2026

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

#11

Apr 05, 2026

Exhibit

#12

Apr 06, 2026

EXHIBIT re 8 Response to Petition for Writ of Habeas Corpus - 2241 Expedited Removal Order and Parole by David Wesling. (Attachments: # 1 Exhibit)(Tolkoff, Benjamin) (Entered: 04/06/2026)

#13

Apr 07, 2026

ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here.Hearing re: Petition set for 4/15/2026 at 10:30 AM in Remote Proceeding : Boston before District Judge Patti B. Saris. (LP) (Entered: 04/07/2026)

Apr 07, 2026

Notice of Hearing

#14

Apr 15, 2026

Electronic Clerk's Notes for proceedings held before District Judge Patti B. Saris: Hearing held on 4/15/2026. Colloquy re: status of the case. Court directed parties to file a status report and any supplemental briefing by 4/29/2026. (Court Reporter: Lee Marzilli at leemarz47@gmail.com.)(Attorneys present: M. Sauter, B. Tolkoff, C. Hurvich) (LP) (Entered: 04/15/2026)

Apr 15, 2026

Hearing - Other

#15

Apr 21, 2026

Status Report

#16

Apr 22, 2026

Status Report

#17

Apr 30, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Sergio Andres Garcia Velasquez. Petitioner Sergio Andres Garcia Velasquez ("Petitioner") brings this petition for writ of habeas corpus under 28 U.S.C. § 2241 to challenge his detention without a bond hearing. Petitioner was detained shortly after entering the United States without inspection in October 2022, placed into expedited removal proceedings, and released on humanitarian parole under 8 U.S.C. § 1182(d)(5)(A) pending a credible fear interview. U.S. Immigration and Customs Enforcement detained Petitioner when he attended a check-in appointment on March 25, 2026. Petitioner subsequently received a credible fear interview, after which an asylum officer made a negative credible fear determination. An immigration judge then vacated the asylum officers determination and Petitioners expedited removal order.There is no dispute that Petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b)(1) in connection with his expedited removal proceedings at the time he was paroled. In the government's view, the plain language of the parole statute provides that Petitioner returned to this mandatory detention when he was redetained. See 8 U.S.C. § 1182(d)(5)(A) (providing that "when the purposes of [humanitarian] parole shall... have been served[,] the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States"). Even assuming the government is correct about Petitioner's status at the moment he was redetained, Petitioner's circumstances have since changed. Petitioner is now a noncitizen "who is issued an expedited removal order, is found by an asylum officer not to have a credible fear of persecution, and is then placed in standard removal proceedings following an immigration judge's reversal of the negative credible fear determination and vacatur of the expedited removal order." Baca Bances v. Noem, 816 F. Supp. 3d 220, 222 (D. Mass. 2026). As this Court previously held in Baca Bances, § 1225(b)(1) does not authorize the mandatory detention of such a noncitizen, see id. at 222-23, and the government does not argue that any other mandatory detention provision applies. Petitioner is therefore subject to discretionary detention with the right to a bond hearing under 8 U.S.C. § 1226(a).Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing.(CGK) (Entered: 04/30/2026)

#18

Apr 30, 2026

SET DEADLINES as to: STATUS REPORT due by 5/14/2026. (CGK) (Entered: 04/30/2026)

Apr 30, 2026

Order

#19

May 08, 2026

Status Report

#20

May 11, 2026

Judgment