District of Massachusetts • 1:25-cv-13353

#1

Nov 10, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11350485 Fee status: Filing Fee paid., filed by Gezner Alejandro Paz-Esquivel. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Farber, Hillary) (Entered: 11/10/2025)

#2

Nov 10, 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. (SEC) (Entered: 11/10/2025)

Nov 10, 2025

Notice of Case Assignment

#3

Nov 11, 2025

Service Order-2241 Petition

#4

Nov 18, 2025

General Order 19-02

#5

Dec 02, 2025

Notice of Appearance

#6

Dec 02, 2025

Extension of Time to File Response/Reply

#7

Dec 02, 2025

Opposition to Motion

#8

Dec 03, 2025

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

#9

Dec 05, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Gezner Alejandro Paz Esquivel ("Petitioner"), D. 1, and the government's motion for extension of time to file a response/ reply to the Petition, D. 6, the Court grants relief as follows. The Court ALLOWS the government's motion for an extension to file its response to the Petition, D. 6 (and as opposed by Petitioner, D. 7), nunc pro tunc and considered that response, D. 8, in addition to the Petition, D. 1. As to the Petition itself, consistent with this Court's ruling in Dias De Carvalho, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination 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. 8 at 1 n.2. See Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Thus, Petitioner is entitled to a bond hearing. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/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