District of Massachusetts • 1:26-cv-12047

#1

May 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11722911 Fee status: Filing Fee paid., filed by Segundo Pedro Ushca Garcia. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil Cover Sheet)(Kravitz, Daniel) (Entered: 05/05/2026)

#2

May 05, 2026

EXHIBIT re 1 Petition for Writ of Habeas Corpus (2241), by Segundo Pedro Ushca Garcia. (Attachments: # 1 Exhibit Exhibit)(Kravitz, Daniel) (Entered: 05/05/2026)

#3

May 05, 2026

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. (JKK) (Entered: 05/05/2026)

#4

May 05, 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). (EZG) (Entered: 05/05/2026)

May 05, 2026

Notice of Case Assignment

#5

May 06, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 05/06/2026)

#6

May 07, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd Blanche, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin (Canzoneri, Julian) (Entered: 05/07/2026)

#7

May 14, 2026

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

#8

May 22, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Segundo Pedro Ushca Garcia. Having considered the Petition of Segundo Pedro Ushca Garcia ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the associated exhibit, D. 2-1, and the government's response, D. 7, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, "the legal issues presented in this Petition are similar to those addressed by this Court in Dias De Carvalho v. Hyde," id. at 1; see Order Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Consistent with the 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. 7 at 1 n.2. See Dias De Carvalho, No. 25-cv-12677-DJC, D. 14. Thus, Petitioner is entitled to a bond hearing. See Cunha v. Freden, No. 25-3141-PR, __ F.4th __, 2026 WL 1146044, at *3-4 (2d Cir. Apr. 28, 2026) (affirming that petitioner's detention “is governed by Section 1226(a) and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), 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. (SEC) (Entered: 05/22/2026)

May 22, 2026

Order