District of Massachusetts • 1:25-cv-13297

#1

Nov 06, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11343478 Fee status: Filing Fee paid., filed by Edisson Jose Pazato Dutan. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(MacMurray, Kevin) (Entered: 11/06/2025)

#2

Nov 06, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (LBO) (Entered: 11/06/2025)

#3

Nov 06, 2025

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than November 17, 2025.(CAM) (Entered: 11/06/2025)

#4

Nov 06, 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). (CAM) (Entered: 11/06/2025)

#5

Nov 06, 2025

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Shawna Yen and USAMA Civil Process, mailed to respondents on 11/6/2025. (CAM) (Entered: 11/06/2025)

Nov 06, 2025

Copy Mailed

Nov 06, 2025

Notice of Case Assignment

#6

Nov 17, 2025

Notice of Appearance

#7

Nov 17, 2025

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

#8

Nov 18, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Edisson Jose Pazato Dutan's petition for writ of habeas corpus. [ECF No. 1 ]. Respondents “submit that the legal issues raised in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth C[ounty] Correctional Facility,” No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). [ECF No. 7 at 1]. In that case, this Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). Respondents acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [Id.]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED IN PART. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CAM) (Entered: 11/18/2025)

Nov 18, 2025

Order AND ~Util - Set Deadlines