District of Massachusetts • 1:25-cv-13299

#1

Nov 06, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11343963 Fee status: Filing Fee paid., filed by Julian Alberto Aguilar Ventura. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Hargus, Daniela) (Entered: 11/06/2025)

#2

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

#3

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). (EZG) (Entered: 11/06/2025)

#4

Nov 06, 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 13, 2025. (Attachment(s): # 1 *SEALED* Appendix) (EZG) (Entered: 11/06/2025)

#5

Nov 06, 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, and Kristi Noem on 11/6/2025. (EZG) (Entered: 11/06/2025)

Nov 06, 2025

Notice of Case Assignment

Nov 06, 2025

Copy Mailed

#6

Nov 12, 2025

Notice of Appearance

#7

Nov 12, 2025

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), and Request to Proceed without Additional Briefing or Argument by Patricia Hyde, Todd Lyons, Kristi Noem. (Khetarpal, Anuj) (Entered: 11/12/2025)

#8

Nov 12, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Julian Alberto Aguilar Ventura, a citizen of El Salvador who entered the United States without inspection in June 2022, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 6, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 22, and at 10. Earlier that day, he was arrested by the U.S. Immigration and Customs Enforcement ("ICE"). Id. ¶¶ 1-3, 22. He remains in Massachusetts under ICE's custody. Id. ¶¶ 3, 21-22.The respondents argue that Aguilar Ventura is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that "the Court would likely reach the same outcome in this case" if it "adhere[d] to its reasoning in" Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), and dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 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, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7. Recognizing "that core questions of law in this case . . . substantially overlap with those at issue in Gomes and dos Santos," the respondents contend that "[s]hould the Court apply the same reasoning it did in those cases to this one, the legal principles espoused in those cases would likely result in the same conclusion here." ECF 7, at 3. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b)(2), governs Aguilar Ventura's detention.Noncitizens like Aguilar Ventura "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, Aguilar Ventura'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 November 21, 2025, notifying the Court whether Aguilar Ventura has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/12/2025)

Nov 12, 2025

Order

#9

Nov 18, 2025

Status Report

#10

Nov 19, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In accordance with this Court's November 12, 2025 order, see ECF 8, the government shall file an updated status report on or before November 20, 2025 specifying whether the petitioner was in fact released after the Immigration Judge ordered him released from custody on a $5,000 bond. (Currie, Haley) (Entered: 11/19/2025)

Nov 19, 2025

Order

#11

Nov 20, 2025

Status Report

#12

Nov 20, 2025

Judgment