District of Massachusetts • 1:26-cv-12187

Loja Mayancela v. Wesling

Completed

Case Information

Filed: May 13, 2026
Assigned to: Allison Dale Burroughs
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: May 29, 2026
Last Activity: June 11, 2026
Parties: View All Parties →

Docket Entries

#1
May 13, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11743216 Fee status: Filing Fee paid., filed by Luis Antonio Loja Mayancela. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Lagana, Stephen) (Entered: 05/13/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 14, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge F. Dennis Saylor, IV 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 Donald L. Cabell. (NMC) (Entered: 05/14/2026)
#3
May 14, 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). (MAC) (Entered: 05/14/2026)
Main Document: General Order 19-02
#4
May 14, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
May 14, 2026
Notice of Case Assignment
#5
May 21, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#6
May 29, 2026
District Judge F. Dennis Saylor, IV ELECTRONIC ORDER entered:On May 13, 2026, petitioner Luis Antonio Loja Mayancela, an immigration detainee, filed, through counsel, a petition for a writ of habeas corpus in this case. Respondents answered that petition on May 21, 2026. On March 4, 2026, petitioner had filed in this court an initial petition for habeas corpus challenging his detention. Loja Mayancela, 26-cv-11105 (D. Mass. Apr. 22, 2026). That case was assigned to Judge Burroughs. She dismissed that petition without prejudice for failure to state a claim. Petitioner then filed this petition.Because this petition appears to be related to his initial petition under Local Rule 40.1, the clerk shall designate this case as related to Loja Mayancela, 26-cv-11105, and assign it to that session.(MAC) (Entered: 05/29/2026)
#7
May 29, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Jennifer C. Boal. (FGD) (Entered: 05/29/2026)
#8
May 29, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Luis Antonio Loja Mayancela’s petition for writ of habeas corpus. [ECF No. 1 ]. The petition was initially assigned to Judge Saylor, who reassigned it to this session as related to Petitioner’s previous action in this session, Loja Mayancela v. Hyde et al., No. 26-cv-11105-ADB (D. Mass. Apr. 22, 2026). [ECF No. 2 ]; [ECF No. 6 ]. Before the case was reassigned, Respondents filed their response, in which they “submit that the legal issues presented in this Petition are similar to those recently addressed by [Judge Saylor] in De Andrade v. Moniz, [802 F. Supp. 3d 325 (D. Mass. 2025)].” [ECF No. 5 at 1]. They further acknowledge that “[s]hould the Court follow [the] reasoning in De Andrade, it would reach the same result here, namely that Petitioner’s detention is controlled by 8 U.S.C. § 1226(a).” [Id.]. On the facts of this case, upon review of Judge Saylor’s analysis in De Andrade, and in light of Respondents’ abbreviated filing, the Court does not find reason to deviate from the approach taken in De Andrade. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.The clerk is directed to enter judgment in favor of Petitioner. Petitioner, whose petition requested an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, [ECF No. 1 at 7], is reminded that, under the EAJA, any application for fees is due within 30 days from final judgment within the meaning of 28 U.S.C. § 2412(d)(2)(G), 28 U.S.C. § 2412(d)(1)(B).(CAM) (Entered: 05/29/2026)
#9
May 29, 2026
Judgment
Main Document: Judgment
May 29, 2026
Order AND ~Util - Set Deadlines
May 29, 2026
Notice of Case Assignment
May 29, 2026
Order
#10
Jun 11, 2026
Status Report
Main Document: Status Report