District of Massachusetts • 1:26-cv-12055

#1

May 06, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11724149 Fee status: Filing Fee paid., filed by Victor Manuel Zapata Jaramillo. (Attachments: # 1 Exhibit 1, Order of Release on Recognizance, # 2 Exhibit 2, Notice to Appear, # 3 Exhibit 3, First page of I-589, # 4 Category Form, # 5 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 05/06/2026)

#2

May 06, 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 Jessica D. Hedges. (LBO) (Entered: 05/06/2026)

#3

May 06, 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: 05/06/2026)

#4

May 06, 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 13, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/06/2026)

#5

May 06, 2026

Copies of the following were mailed to David Wesling, Antone Moniz, Todd Lyons, Markwayne Mullin and Todd Blanche on 5/6/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/06/2026)

May 06, 2026

Copy Mailed

May 06, 2026

Notice of Case Assignment

#6

May 07, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling (Canzoneri, Julian) (Entered: 05/07/2026)

#7

May 11, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Canzoneri, Julian) (Entered: 05/11/2026)

#8

May 11, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Victor Manuel Zapata Jaramillo filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 6, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, at 11. Zapata Jaramillo is detained in ICE’s custody at the Plymouth County Correctional Facility in Massachusetts. Id. ¶ 25.The respondents argue that Zapata Jaramillo is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the Petition are similar to those addressed by this Court in” dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025). ECF 7, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. dos Santos, 2025 WL 2370988, at *7; see Gomes v. Hyde, 804 F. Supp. 3d 265, 275-76 (D. Mass. 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 27-28 (D. Mass. 2025). The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, it would reach the same result here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Zapata Jaramillo’s detention.Noncitizens like Zapata Jaramillo “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, Zapata Jaramillo’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 May 19, 2026, notifying the Court whether Zapata Jaramillo has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/11/2026)

May 11, 2026

Order