District of Massachusetts • 1:26-cv-12459

#1

Jun 01, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11780416 Fee status: Filing Fee paid., filed by Savio Alejandro Wampash Tsakimp.(Nam-Krane, Michael) (Main Document 1 replaced on 6/1/2026) (CAM). (Additional attachment(s) added on 6/1/2026: # 1 Civil Cover Sheet, # 2 Category Form) (CAM). (Entered: 06/01/2026)

#2

Jun 01, 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 Jessica D. Hedges. (SP) (Entered: 06/01/2026)

#3

Jun 01, 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: 06/01/2026)

#4

Jun 01, 2026

Service Order-2241 Petition

Jun 01, 2026

Notice of Case Assignment

#5

Jun 02, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling (Canzoneri, Julian) (Entered: 06/02/2026)

#6

Jun 10, 2026

Status Report

#7

Jun 15, 2026

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

#8

Jun 17, 2026

Miscellaneous Relief

#9

Jun 18, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Savio Alejandro Wampash Tsakimp. Having considered the Petition of Savio Alejandro Wampash Tsakimp ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, the government's subsequent status report, D. 6, response, D. 7, the Court ALLOWS the Petition to the following extent. Petitioner is a citizen of Ecuador. D. 1 ¶ 8. He entered the United States without inspection in 2024 and has filed an asylum application, which remains pending. Id. ¶ 12. Petitioner was detained by U.S. Immigration and Customs Enforcement ("ICE") on May 20, 2026 and was being held at the Plymouth County Correctional Facility in this District at the time the Petition was filed. Id. ¶¶ 1, 14. Petitioner alleges that his detention is not authorized under 8 U.S.C. § 1225(b)(2), and that his custody is properly governed by 8 U.S.C. § 1226(a). Id. at 5. Discussion. This Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context"). As Respondents acknowledge, "the legal issues presented in this Petition are similar to those addressed by this Court in Dias De Carvalho v. Hyde," D. 7 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"), see Dias De Carvalho, No. 25-cv-12677-DJC, D. 14. Thus, Petitioner is entitled to a bond hearing. See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 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). 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 that Petitioner's bond hearing take place within seven (7) days of this Order. 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: 06/18/2026)

Jun 18, 2026

Order