District of Massachusetts • 1:26-cv-12159

#1

May 12, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11739906 Fee status: Filing Fee paid., filed by L Slater. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Congote, Juan) (Entered: 05/12/2026)

#2

May 13, 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: 05/13/2026)

#3

May 13, 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: 05/13/2026)

#4

May 13, 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 20, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/13/2026)

#5

May 13, 2026

Copies of the following were mailed to Antone Moniz, Markwayne Mullin, Todd Lyons, Patricia Hyde, and Todd Blanche on 5/13/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/13/2026)

May 13, 2026

Notice of Case Assignment

May 13, 2026

Copy Mailed

#6

May 20, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Patricia H Hyde, Todd Lyons, Antone Moniz, Markwayne Mullin (McMahon, Erica) (Entered: 05/20/2026)

#7

May 20, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Patricia H Hyde, Todd Lyons, Antone Moniz, Markwayne Mullin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 05/20/2026)

#8

May 21, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner L. Slater, a citizen of Jamaica, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 12, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-2, 10, 18, 22 and at 4. In February or April 2024, he entered, and was admitted into, the United States on a visitor for pleasure visa. Id. ¶¶ 10, 20; ECF 7-1, at 1. That visa expired in October 2024. ECF 7-1, at 1. In November 2024, he applied for adjustment of status together with a petition for alien relative, which remains pending. ECF 1, ¶ 13. Slater was arrested pursuant to a warrant and detained by U.S. Immigration and Customs Enforcement (“ICE”) on May 11, 2026 in Rhode Island. Id. ¶¶ 2, 11-12; ECF 7-2. He was subsequently transferred to Massachusetts, where he remains in ICE custody at Plymouth County Correctional Facility. ECF 1, ¶¶ 2-3.The respondents do not dispute that Slater is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a) and 8 C.F.R. § 236.1(d)(1). See ECF 7, at 1-3. Noncitizens “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 v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). 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).In the respondents’ view, this petition should nonetheless be denied because Slater has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 7, at 1, 4-6. Exhaustion may be excused, however, where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Slater would receive a bonding hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Slater, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Slater is therefore entitled to a bond hearing, as the respondents admit. See ECF 7, at 1, 5-6.For the foregoing reasons, Slater’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 29, 2026, notifying the Court whether Slater has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/21/2026)

May 21, 2026

Order