District of Massachusetts • 1:25-cv-13270

#1

Nov 04, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11339869 Fee status: Filing Fee paid., filed by Yuli Magali Mendez Luarca. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Dill, Nicole) (Entered: 11/04/2025)

#2

Nov 05, 2025

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 Jennifer C. Boal. (NMC) (Entered: 11/05/2025)

#3

Nov 05, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 11/05/2025)

#4

Nov 05, 2025

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 November 12, 2025. (Attachment(s): # 1 *SEALED* Appendix)(Currie, Haley) (Entered: 11/05/2025)

#5

Nov 05, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Patricia Hyde, Todd Lyons, Kristi Noem, Pamela Bondi and Donald Trump on 11/5/2025. (Currie, Haley) (Entered: 11/05/2025)

Nov 05, 2025

Copy Mailed

Nov 05, 2025

Notice of Case Assignment

#6

Nov 07, 2025

Notice of Appearance

#7

Nov 10, 2025

Notice of Appearance

#8

Nov 10, 2025

RESPONSE/ANSWER to Abbreviated 1 Petition for Writ of Habeas Corpus (2241) by Pamela Bondi, Patricia Hyde, Todd Lyons, Kristi Noem, Donald J. Trump. (Canzoneri, Julian) (Entered: 11/10/2025)

#9

Nov 10, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Yuli Magali Mendez Luarca, a citizen of Guatemala, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 4, 2025 seeking her immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 13, and at 7. She was arrested earlier that day by the U.S. Immigration and Customs Enforcement ("ICE") at her job in Massachusetts, where she resides. Id. ¶¶ 1, 3, 17. Mendez Luarca remains in this District under ICE's custody. Id. ¶¶ 4, 17.The respondents argue that Mendez Luarca is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2)(A). They acknowledge, however, that this Court's decision in dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), "controls this case." ECF 8, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. dos Santos, 2025 WL 2370988, at *7. Recognizing that "this case is similar to dos Santos," the respondents contend that "[s]hould the Court apply the reasoning of dos Santos, it would reach the same result here." ECF 8, at 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Mendez Luarca's detention.Noncitizens like Mendez Luarca "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." dos Santos, 2025 WL 2370988, at *1. 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, Mendez Luarca's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide her 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 November 18, 2025, notifying the Court whether Mendez Luarca has been granted bond and released or, if her request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/10/2025)

#10

Nov 10, 2025

Assented to MOTION Transfer of Petitioner by Pamela Bondi, Patricia Hyde, Todd Lyons, Kristi Noem, Donald J. Trump.(Canzoneri, Julian) (Entered: 11/10/2025)

Nov 10, 2025

Order

#11

Nov 11, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 10 Assented to MOTION Transfer of Petitioner (Currie, Haley) (Entered: 11/11/2025)

Nov 11, 2025

Order on Motion for Miscellaneous Relief

#12

Nov 17, 2025

MOTION for Order to Release Petitioner by Yuli Magali Mendez Luarca. (Attachments: # 1 Exhibit Immigration Order Granting Bond, # 2 Exhibit ICE Bond Request Status)(Dill, Nicole) (Entered: 11/17/2025)

#13

Nov 17, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered.Petitioner's emergency motion for order to release, ECF 12, is DENIED without prejudice. Petitioner may refile her motion if she is not permitted to post bond and/or is not released by 1:00 p.m. on November 18, 2025. The government's status report, due November 18, 2025, shall specify the time of the petitioner's release. (Currie, Haley) (Entered: 11/17/2025)

Nov 17, 2025

Order on Motion for Order

#14

Nov 18, 2025

NOTICE of Appearance by Alexandra Marie Even on behalf of Yuli Magali Mendez Luarca (Even, Alexandra) (Entered: 11/18/2025)

#15

Nov 18, 2025

Second MOTION for Order to Order Immediate Release by Yuli Magali Mendez Luarca.(Even, Alexandra) (Entered: 11/18/2025)

#16

Nov 18, 2025

STATUS REPORT by Pamela Bondi, Patricia Hyde, Todd Lyons, Kristi Noem, Donald J. Trump. (Canzoneri, Julian) (Entered: 11/18/2025)

#17

Nov 18, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. The Court notes the government's status report, ECF 16, which represents that it expects the petitioner to be released on bond around 7:00pm this evening. The government is ORDERED to file a further status report on or before 10:00am on November 19, 2025 confirming the petitioner's release and the timing of that release. (Currie, Haley) (Entered: 11/18/2025)

Nov 18, 2025

Order

#18

Nov 19, 2025

Status Report

#19

Nov 19, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER denying as moot 15 Second MOTION for Order to Order Immediate Release (Currie, Haley) (Entered: 11/19/2025)

#20

Nov 19, 2025

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 11/19/2025)

Nov 19, 2025

Order on Motion for Order