District of Massachusetts • 1:26-cv-11464

#1

Mar 23, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Micaela Tigasi. (Attachments: # 1 Civil Cover Sheet)(CAM) Modified on 3/27/2026 to edit docket text (CEH). (Entered: 03/26/2026)

#2

Mar 27, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Donald L. Cabell. (CEH) (Entered: 03/27/2026)

#3

Mar 27, 2026

Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 03/27/2026)

#4

Mar 27, 2026

Judge Indira Talwani: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (SEC) (Entered: 03/27/2026)

#5

Mar 27, 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: 03/27/2026)

#6

Mar 27, 2026

Copy re 3 Service Order - 2241 Petition, 4 Procedural Order, 1 Petition for Writ of Habeas Corpus (2241), 5 General Order 19-02 mailed to Micaela Tigasi on 3/27/2026. (SEC) (Entered: 03/27/2026)

#7

Mar 27, 2026

Notice of Appearance

#8

Mar 27, 2026

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

Mar 27, 2026

Notice of Case Assignment

Mar 27, 2026

Copy Mailed

#9

Apr 03, 2026

Judge Indira Talwani: ELECTRONIC ORDER: On March 23, 2026, Petitioner Fabian Edwin Guamangate Pastuna filed, through his wife Micaela Tigasi, his Petition for Writ of Habeas Corpus [Doc. No. 1 ]. Petitioner is a noncitizen currently being detained at the Plymouth County Correctional Facility in Plymouth. Id. at 1. Petitioner is requesting that the court “[g]rant him a bond hearing before a neutral decision-maker[.]” Id.Respondents state “that the legal issues presented in this Petition are similar to those recently addressed by this Court in Doe v. Moniz [, 800 F. Supp. 3d 203 (D. Mass. 2025)].” Resp. to Habeas Pet. 1 [Doc. No. 8]. Respondents further note that “[s]hould the Court follow its reasoning in Doe, it would reach the same result here.” Id. Respondents have stated no objection to Petitioner proceeding through Tigasi.The court finds the reasoning in Doe remains correct. Nothing in the record indicates that Petitioner was detained under 8 U.S.C. § 1225 rather than 8 U.S.C. § 1226(a). The Board of Immigration Appeals’ decision in Matter of Yajure Hurtado, 29 I. & N. Dec. 216 (B.I.A 2025), is unpersuasive and does not change the analysis. See Elias Escobar v. Hyde, No. 1:25-CV-12620-IT, 2025 WL 2823324, at *3 (D. Mass. Oct. 3, 2025) (citing cases reaching the same conclusion).The Petition for Writ of Habeas Corpus [Doc. No. 1 ] is therefore GRANTED as follows. No later than April 10, 2026, Petitioner must be provided a bond hearing pursuant to 8 U.S.C. § 1226(a) or, if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, Respondents shall so advise the court by that date so that this court may conduct the bond hearing. Any decision by the immigration judge to retain Petitioner in custody following a bond hearing pursuant to 8 U.S.C. § 1226(a) shall set forth the reasons for the continued detention. Respondents shall file a status report no later than April 14, 2026. (SEC) (Entered: 04/03/2026)

Apr 03, 2026

Order

#10

Apr 13, 2026

Status Report

#11

Apr 22, 2026

Notice of Appearance

#12

Apr 22, 2026

Enforce Judgment

#13

Apr 23, 2026

Memorandum in Support of Motion

#14

Apr 27, 2026

Withdraw

Apr 27, 2026

Order on Motion to Enforce Judgment AND Order on Motion to Withdraw