District of Massachusetts • 1:26-cv-11839

#1

Apr 22, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11693121 Fee status: Filing Fee paid., filed by Gregorio Castro Coc. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Miller, Jacob) Modified on 4/22/2026: to remove duplicate docket text (EZG). (Entered: 04/22/2026)

#2

Apr 22, 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 Jessica D. Hedges. (JAM) (Entered: 04/22/2026)

#3

Apr 22, 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). (Currie, Haley) (Entered: 04/22/2026)

#4

Apr 22, 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 29, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 04/22/2026)

#5

Apr 22, 2026

Copies of the following were mailed to Patricia Hyde, Michael Krol, Todd Lyons, and Markwayne Mullin on 4/22/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 04/22/2026)

Apr 22, 2026

Notice of Case Assignment

Apr 22, 2026

Copy Mailed

#6

Apr 27, 2026

Notice of Appearance

#7

Apr 28, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Patricia Hyde, Michael Krol, Todd Lyons, Markwayne Mullin. (Canzoneri, Julian) (Entered: 04/28/2026)

#8

Apr 28, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Gregorio Castro Coc, a citizen of Guatemala, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 22, 2026 seeking his immediate release. ECF 1, ¶¶ 1, 3 and at 3. Castro Coc entered the United States over a decade ago. Id. ¶ 1. On April 22, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) on his way to court. Id. ¶¶ 1, 6. He remains in ICE custody in Massachusetts. Id. ¶¶ 1, 5, 12.The respondents argue that Castro Coc is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the Petition are similar to those addressed by this Court in dos Santos v. Noem,” No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), “among others.” ECF 7, at 1. In dos Santos, 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; accord Gomes v. Hyde, 804 F. Supp. 3d 265, 276 (D. Mass. 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 28 (D. Mass. 2025). The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, 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 Castro Coc’s detention.Noncitizens like Castro Coc “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, Castro Coc’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 May 6, 2026, notifying the Court whether Castro Coc has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 04/28/2026)

Apr 28, 2026

Order