District of Massachusetts • 1:26-cv-12013

#1

May 04, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11718745 Fee status: Filing Fee paid., filed by Segundo Miguel Romero Malan. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 05/04/2026)

#2

May 04, 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 Jennifer C. Boal. (JAM) (Entered: 05/04/2026)

#3

May 04, 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: 05/04/2026)

#4

May 04, 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 May 11, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/04/2026)

#5

May 04, 2026

Copies of the following were mailed to Antone Moniz, David Wesling, Todd Blanche, Todd Lyons, Markwayne Mullin and U.S. Department of Homeland Security on 5/4/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/04/2026)

May 04, 2026

Notice of Case Assignment

May 04, 2026

Copy Mailed

#6

May 07, 2026

Notice of Appearance

#7

May 11, 2026

Response - not related to a motion

#8

May 15, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Any response to the respondents' request for dismissal of this action, ECF 7, shall be due by May 20, 2026. (Currie, Haley) (Entered: 05/15/2026)

May 15, 2026

Order

#9

May 19, 2026

Response to Court Order

#10

May 20, 2026

NOTICE OF HEARING: Hearing set for 5/21/2026 at 11:00 AM in a remote proceeding before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 05/20/2026)

#11

May 20, 2026

Notice - Other

May 20, 2026

Notice of Hearing

#12

May 21, 2026

Notice of Appearance

#13

May 21, 2026

Electronic Clerk's Notes for proceedings held before District Judge Julia E. Kobick: Hearing held on 5/21/2026 by video conference. Case called. The Court notes we are here for a hearing on the habeas corpus petition. The Court notes the respondents had filed a response indicating the petitioner filed a voluntary departure form followed by the petitioner indicating he didn't intend to sign the form. The Court hears from the parties on the status of the case and what happens procedurally moving forward. The government informs the Court, because he signed the form, the petitioner has until 6/1/2026 to purchase the flight and if he does not comply, he will at that point incur fees and will further be subject to a final order of removal. The petitioner informs the Court it is contesting the signing of the form because the petitioner didn't understand what he was signing. The parties agree with the Court that if petitioner revokes his signature, it will be this Court's duty to determine under what statute the petitioner is being detained. If the petitioner revokes his signature, the Court asks the petitioner to submit evidence to the Court once is has done so and the Court will give the respondents 3 days to file a further response to the petition. The Court will determine the matter once it has received all filings. Attorneys present: Andrew Lattarulo for the Petitioner. Nicole O'Connor for the Respondents.Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com. (Currie, Haley) (Entered: 05/21/2026)

#14

May 21, 2026

Exhibit

May 21, 2026

Hearing - Other

#15

May 22, 2026

Response - not related to a motion

#16

May 22, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Segundo Miguel Romero Malan, a citizen of Ecuador who entered the United States in 2019, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 4, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 5, 21, 28. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on April 30, 2026. Id. ¶¶ 2, 13. After being taken into custody, Romero Malan was granted voluntary departure under safeguards on May 1, 2026. ECF 7-1, at 1. On May 21, 2026, he revoked and withdrew any request for voluntary departure. ECF 14-1, at 1. That same day, Romero Malan was served with a notice to appear and a warrant for arrest. ECF 15-1, at 1-4; ECF 15-2, at 1. Romero Malan remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. ECF 1, ¶ 2.The respondents argue that Romero Malan is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that “the legal issues now 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 15, at 1-2. 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 15, at 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Romero Malan’s detention.Noncitizens like Romero Malan “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, Romero Malan’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 June 2, 2026, notifying the Court whether Romero Malan has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/22/2026)

May 22, 2026

Order

#17

Jun 02, 2026

Status Report

#18

Jun 02, 2026

Judgment