District of Massachusetts • 1:26-cv-11661

#1

Apr 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11666683 Fee status: Filing Fee paid., filed by Oscar Alexander Aguilar Medina. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet) (McGee, Molly) Modified on 4/9/2026: to remove duplicate docket text (EZG). (Entered: 04/09/2026)

#2

Apr 09, 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. (SP) (Entered: 04/09/2026)

#3

Apr 09, 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: 04/09/2026)

#4

Apr 09, 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 16, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 04/09/2026)

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Apr 09, 2026

Copies of the following were mailed to Antone Moniz, David T. Wesling, Markwayne Mullin, U.S. Department of Homeland Security, Todd Blanche, Executive Office For Immigration Review 4/9/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/09/2026)

Apr 09, 2026

Notice of Case Assignment

Apr 09, 2026

Copy Mailed

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Apr 14, 2026

Notice of Appearance

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Apr 14, 2026

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

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Apr 14, 2026

Amended Complaint

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Apr 15, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Hector Alexander Aguilar Medina, a citizen of Guatemala who entered the United States in January 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 9, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 6, 10. He subsequently filed an amended petition to correct an error in his name. ECF 8, ¶ 1. Aguilar Medina was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on April 4, 2026. ECF 1, ¶ 2. He remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 3, 9.The respondents argue that Aguilar Medina 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 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. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Aguilar Medina’s detention.Noncitizens like Aguilar Medina “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, Aguilar Medina’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 Aguilar Medina 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

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Apr 24, 2026

Status Report

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Apr 28, 2026

Judgment

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Apr 29, 2026

Alter Judgment AND Enforce Judgment

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May 14, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Hector Alexander Aguilar Medina’s motion to enforce the Court’s April 15, 2026 order and for further relief, ECF 12, is GRANTED as unopposed. Aguilar Medina argues that his April 20, 2026 bond hearing was constitutionally inadequate because the Immigration Judge denied him bond based on a conclusory finding that he posed a danger to the community by clear and convincing evidence, without any factual findings, analysis, or considering alternatives to detention. ECF 12, at 1-3; see ECF 10-1, at 1 (order denying him bond on the ground that he “is a danger to the community by clear and convincing evidence”). “[T]he minimum requirements of due process dictate that, in order to detain a person under section 1226(a) who is prepared to put up whatever bond is properly required, the government must . . . prove by clear and convincing evidence that the person is a danger to the community.” Brito v. Garland, 22 F.4th 240, 246 (1st Cir. 2021).The respondents, who have filed no timely opposition to the motion to enforce, do not dispute that Aguilar Medina’s bond hearing violated his due process rights. See Local Rule 7.1(b)(2) (oppositions to motions due 14 days after service). Accordingly, this Court’s judgment is VACATED, Aguilar Medina’s motion is GRANTED, and the respondents are ORDERED to provide him a constitutionally adequate bond hearing pursuant to 8 U.S.C. § 1226(a) no later than Wednesday, May 20, 2026. The respondents are further ORDERED to file a status report by Thursday, May 21, 2026. That status report must state whether Aguilar Medina has been granted bond and released or if his request for bond has been denied. If bond is denied, the status report must further set forth the findings of fact, with citations to the evidentiary record and copies of the transcript of the bond hearing and documents in the evidentiary record, that underlie the denial of bond, as well as the alternatives to detention that were considered, but rejected, by the Immigration Judge. (Currie, Haley) (Entered: 05/14/2026)

May 14, 2026

Order

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May 27, 2026

Status Report

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May 27, 2026

Judgment

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Jun 04, 2026

Dismiss

Jun 04, 2026

Order on Motion to Dismiss