District of Massachusetts • 1:26-cv-11855

#1

Apr 23, 2026

EMERGENCY PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11695414 Fee status: Filing Fee paid., filed by Lucas Feliciano Juarez Niz. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Macmurray, Kevin) (Entered: 04/23/2026)

#2

Apr 23, 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 M. Page Kelley. (SP) (Entered: 04/23/2026)

#3

Apr 23, 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: 04/23/2026)

#4

Apr 23, 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 30, 2026 (Attachments: # 1 *SEALED* Appendix) (EZG). (Entered: 04/23/2026)

#5

Apr 23, 2026

Copy re: 1 Petition for Writ of Habeas Corpus (2241), 4 Order Concerning Service of Petition and Stay or Transfer of Removal, were mailed to Antone Moniz; David Wesling; Patricia Hyde; Todd Lyons; Todd W. Blanche; Markwayne Mullin on 4/23/2026. (EZG) (Entered: 04/23/2026)

Apr 23, 2026

Notice of Case Assignment

Apr 23, 2026

Copy Mailed

#6

Apr 29, 2026

Notice of Appearance

#7

Apr 29, 2026

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

#8

Apr 30, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Lucas Feliciano Juarez Niz filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on April 23, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 16. Juarez Niz is detained in ICE’s custody at the Plymouth County Correctional Facility in Massachusetts. Id. ¶ 14.The respondents argue that Juarez Niz 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 recently 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 Juarez Niz’s detention.Noncitizens like Juarez Niz “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, Juarez Niz’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 8, 2026, notifying the Court whether Juarez Niz has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 04/30/2026)

Apr 30, 2026

Order

#9

May 08, 2026

Status Report

#10

May 14, 2026

Judgment