District of Massachusetts • 1:25-cv-13372

#1

Nov 10, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11351598 Fee status: Filing Fee paid., filed by Jose Raul Hernandez Jaco. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(McGinty, Charles) (Entered: 11/10/2025)

#2

Nov 10, 2025

Judge Allison D. Burroughs: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL (RN) (Entered: 11/10/2025)

#4

Nov 12, 2025

General Order 19-02

#5

Nov 12, 2025

Service Order-2241 Petition

Nov 12, 2025

Copy Mailed

Nov 12, 2025

Notice of Case Assignment

#7

Nov 18, 2025

Appear Pro Hac Vice

#8

Nov 19, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 7 Motion for Leave to Appear Pro Hac Vice Added Christina Colon Williams. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (EZG) (Entered: 11/19/2025)

#9

Nov 19, 2025

Notice of Appearance

#10

Nov 19, 2025

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

#11

Nov 19, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jose Raul Hernandez Jaco, a citizen of Honduras who entered the United States in November 2018, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 10, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 12-14. The same day, he was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE"). Id. ¶ 4. Hernandez Jaco remains in ICE's custody in Massachusetts. Id. ¶ 5.The respondents argue that Hernandez Jaco is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that "the legal issues presented in this Petition are similar to those recently addressed by this Court in" Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 10, 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; Sampiao, 2025 WL 2607924, at *8. 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 10, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Hernandez Jaco's detention.Noncitizens like Hernandez Jaco "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, 2025 WL 2607924, 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, Hernandez Jaco'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 December 1, 2025, notifying the Court whether Hernandez Jaco has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 11/19/2025)

Nov 19, 2025

Order on Motion for Leave to Appear

Nov 19, 2025

Order