District of Massachusetts • 1:26-cv-12165

#1

May 13, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11741470 Fee status: Filing Fee paid., filed by Fernando Efrain Marino-Coro. (Attachments: # 1 Category Form)(Keefe, Joanna) Modified on 5/13/2026: to correct filing form docket text. (MAC). (Entered: 05/13/2026)

#2

May 13, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Civil Cover Sheet Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (MAC) (Entered: 05/13/2026)

#3

May 13, 2026

Duplicate Entry (Entered: 05/13/2026)

#4

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 Paul G. Levenson. (LBO) (Entered: 05/13/2026)

#5

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)

#6

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. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 05/13/2026)

#7

May 13, 2026

Copies of the following were mailed to Patricia Hyde, Todd Lyons and Markwayne Mullin on 5/13/2026: 1 Petition for Writ of Habeas Corpus (2241) and 6 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 05/13/2026)

May 13, 2026

Notice - Other

May 13, 2026

Copy Mailed

May 13, 2026

Notice of Case Assignment

May 13, 2026

Civil Cover Sheet & Category Sheet

#8

May 19, 2026

Notice of Appearance

#9

May 19, 2026

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

#10

May 20, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Fernando Efrain Marino-Coro filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on May 13, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 5, 42 & at 13. Marino-Coro is detained in ICE’s custody at the Plymouth County Correctional Facility in Massachusetts. Id. ¶ 13.The respondents argue that Marino-Coro is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the factual and legal issues presented in this Petition and motion are substantially similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025), and dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025). ECF 9, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. SeeSampiao, 799 F. Supp. 3d at 27-28; dos Santos, 2025 WL 2370988, at *7; Gomes, 804 F. Supp. 3d at 275-76. The respondents contend that “[s]hould the Court follow its reasoning in these cases it would reach the same result here.” ECF 9, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Marino-Coro’s detention.Noncitizens like Marino-Coro “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, Marino-Coro’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 28, 2026, notifying the Court whether Marino-Coro has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 05/20/2026)

May 20, 2026

Order

#11

May 28, 2026

Status Report

#12

Jun 04, 2026

Judgment