District of Massachusetts • 1:25-cv-13308

#1

Nov 06, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11345514 Fee status: Filing Fee paid., filed by Segundo Espiritu Sanaguaray Sacancela. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Exh. 1.)(Cerretani, Gabriela) (Entered: 11/06/2025)

#2

Nov 06, 2025

Judge Allison D. Burroughs: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL(RN) (Entered: 11/06/2025)

#3

Nov 07, 2025

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (CM) (Entered: 11/07/2025)

#4

Nov 07, 2025

Service Order-2241 Petition

Nov 07, 2025

Notice of Case Assignment

#5

Nov 12, 2025

General Order 19-02

#6

Nov 12, 2025

Notice of Appearance

#7

Nov 20, 2025

RESPONSE TO COURT ORDER by Pamela Bondi, Department of Homeland Security, Patricia Hyde, Todd M Lyons, Antone Moniz, Kristi L. Noem Response to Habeas Petition. (Yen, Shawna) (Entered: 11/20/2025)

#8

Dec 05, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Segundo Espiritu Sanaguaray Sacancela ("Petitioner"), D. 1, and Respondents' response to same, D. 7, the Court ALLOWS the Petition insofar as it sought a bond hearing/individualized custody redetermination before an immigration judge under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.Factual Background. Petitioner is a noncitizen from Ecuador currently detained at the U.S. Immigration and Customs Enforcement and Removal Operations ("ICE/ERO") Boston Field Office in Burlington, MA. D. 1 ¶¶ 1, 9. Petitioner entered the United States without inspection on or about October 19, 2024 and, upon information and belief, he was apprehended by U.S. Customs and Border Protection ("CBP") at or near the time of his entry. Id. ¶¶ 1, 16. Petitioner was subsequently released from custody. Id. ¶ 16. On November 15, 2024, a Notice to Appear ("NTA") for removal proceedings was issued to Petitioner ordering him to appear before an immigration judge on April 16, 2025 in Boston, Massachusetts. D. 1-3 at 1. The NTA charged Petitioner as a person "present in the United States who has not been admitted or paroled" under INA § 212(a)(6)(A)(i) [8 U.S.C. 1182(a)(6)(A)(1) (providing that "[a]n alien present in the United States without being admitted or paroled,..., is inadmissible")], id., not as an "arriving alien." Id.; D. 1 ¶ 17. On December 4, 2024, the NTA was docketed with the Boston Immigration Court and Petitioner's removal proceedings were initiated under 8 U.S.C. § 1229(a). D. 1 ¶ 17. Petitioner's removal proceedings remain pending, and Petitioner has filed an application for relief from removal. Id. ¶ 17. On or about November 6, 2025, Petitioner was arrested and taken into custody by ICE. Id. ¶¶ 2, 18. Petitioner alleges that his detention is not authorized under 8 U.S.C. § 1225(b), and that his custody is properly governed by 8 U.S.C. § 1226(a). Id. ¶¶ 3-4, 18-21, 29-32. Petitioner contends that his detention without a bond hearing is, therefore, unlawful, including because it violates his rights under the Due Process Clause of the Fifth Amendment, id. ¶¶ 26-28, and violates the Administrative Procedure Act, id. ¶¶ 33-36.Discussion. Petitioner brings this Petition to challenge his detention in this district and seeks relief from same. Id. at 9. Accordingly, this Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context").Consistent with this Court's rulings in Da Silva v. Bondi, No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), and Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, the Court agrees with Petitioner that his custody is governed by 8 U.S.C. § 1226(a) (which allows for discretionary determinations of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission") as Respondents contend, see D. 7 at 1 n.2; see also Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). In the instant case, Petitioner has been classified as an alien present in the United States who has not been admitted or paroled, and not as an arriving alien, in the November 2024 NTA issued by Respondents. D. 1-3 at 1. Respondents do not dispute Petitioner's allegations and instead submit that this Court's decision in Dias de Carvalho is likely dispositive here. See D. 7 at 1. Thus, the Court concludes that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a).For the foregoing reasons, the Court ALLOWS the Petition, D. 1, insofar as it sought a bond hearing/individualized custody redetermination under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond, and if his request for bond was denied, the reasons for that denial.(LMH) (Entered: 12/05/2025)

Dec 05, 2025

Order

#9

Dec 12, 2025

Status Report

#10

Dec 19, 2025

Order Dismissing Case