District of Massachusetts • 1:26-cv-11629

#1

Apr 07, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11662867 Fee status: Filing Fee paid., filed by Miguel Dutan-Dutan. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Voronov, Alina) (Entered: 04/07/2026)

#2

Apr 08, 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 Paul G. Levenson. (JKK) (Entered: 04/08/2026)

#3

Apr 08, 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). (EZG) (Entered: 04/08/2026)

#4

Apr 08, 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 15, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 04/08/2026)

#5

Apr 08, 2026

Copies of the following were mailed to Antone Moniz, Patricia Hyde, Markwayne Mullin, U.S. Department of Homeland Security and Todd Blanche on 4/8/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/08/2026)

Apr 08, 2026

Copy Mailed

Apr 08, 2026

Notice of Case Assignment

#6

Apr 14, 2026

Notice of Appearance

#7

Apr 15, 2026

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

#8

Apr 15, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Miguel Dutan-Dutan, a citizen of Ecuador, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 7, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 7, 16, and at 14. In August 2015, he entered the United States without inspection and was issued an expedited removal order. Id. ¶¶ 2, 34, 36; see ECF 7-2. Later that year, Dutan-Dutan was found to have a credible fear of returning to Ecuador, released on bond following a hearing, and served a Notice to Appear, which was then filed in Chelmsford Immigration Court, where his removal proceedings and asylum application remain pending. ECF 1, ¶¶ 2-3, 36; see ECF 7-1; ECF 7-3. On April 4, 2026, he was arrested by the Milford Police Department for domestic assault and battery. ECF 1, ¶ 4; ECF 7-5. Two days later, while attending a hearing in Milford District Court in connection with that charge, Dutan-Dutan was arrested by U.S. Immigration and Customs Enforcement (“ICE”) at the courthouse. ECF 1, ¶¶ 4-5, 16, 35; see ECF 7-4 (ICE cancelling bond). ICE then transferred him to Plymouth County Correctional Facility in Massachusetts, where he remains detained. ECF 1, ¶¶ 1, 5, 8, 35.The respondents argue that Dutan-Dutan is lawfully detained as an applicant for admission under 8 U.S.C. § 1225. They acknowledge, however, that “the legal issues presented in the Petition are similar to those 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 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 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 Dutan-Dutan’s detention.Noncitizens like Dutan-Dutan “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, Dutan-Dutan’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 24, 2026, notifying the Court whether Dutan-Dutan has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 04/15/2026)

Apr 15, 2026

Order

#9

Apr 24, 2026

Status Report

#10

Apr 28, 2026

Judgment