District of Massachusetts • 1:25-cv-13268

#1

Nov 04, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11339658 Fee status: Filing Fee paid., filed by Hector Mauricio Pinillos Gonzalez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Walsh, Christopher) (Entered: 11/04/2025)

#2

Nov 05, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (NMC) (Entered: 11/05/2025)

#3

Nov 05, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 11/05/2025)

#4

Nov 05, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Antone Moniz, Michael Krol, United States Immigration and Customs Enforcement, United States Department of Homeland Security, Pamela Bondi and Executive Office for Immigration Review on 11/5/2025. (JAM) (Entered: 11/05/2025)

Nov 05, 2025

Copy Mailed

Nov 05, 2025

Notice of Case Assignment

#5

Nov 12, 2025

Notice of Appearance

#6

Nov 12, 2025

Notice of Appearance

#7

Nov 17, 2025

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

#8

Nov 18, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241, filed by Todd M Lyons, Pamela Bondi, Michael Krol, United States Immigration and Customs Enforcement, Kristi Noem, Executive Office for Immigration Review, Patricia Hyde, United States Department of Homeland Security, Antone Moniz.Petitioner Hector Mauricio Pinillos Gonzalez asserts that his custody violates due process and seeks a bond hearing. The government maintains its position that because Petitioner is an applicant for admission, which means 8 U.S.C. § 1225(b)(2)(A) authorizes Petitioners detention, and the due process clause provides Petitioner only those rights conferred by statute. The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Hector Mauricio Pinillos Gonzalez before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable (but in no case more than ten (10) days from the date of this Order). (MZ) (Entered: 11/18/2025)

Nov 18, 2025

Order