District of Massachusetts • 1:26-cv-12507

#1

Jun 03, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11788938 Fee status: Filing Fee paid., filed by Jose Maria Cas Quillay. (Attachments: # 1 Category Form CATEGORY FORM, # 2 Civil Cover Sheet CIVIL COVER SHEET)(McGee, Molly) (Entered: 06/03/2026)

#2

Jun 03, 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 M. Page Kelley. (EZG) (Entered: 06/03/2026)

#3

Jun 03, 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: 06/03/2026)

#4

Jun 03, 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 June 8, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/03/2026)

#5

Jun 03, 2026

Copies of the following were mailed to all respondents on 6/3/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/03/2026)

Jun 03, 2026

Notice of Case Assignment

Jun 03, 2026

Copy Mailed

#6

Jun 07, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz. (Tolkoff, Benjamin) (Entered: 06/07/2026)

#7

Jun 08, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jose Maria Cas Quillay, a citizen of Ecuador, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 3, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 3, and at 23-24. After entering the United States in December 2019, Cas Quillay applied for asylum and was granted work authorization. Id. ¶ 3. On June 3, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) in Maine. Id. ¶ 4. Cas Quillay was subsequently transferred to Massachusetts, where he remains in ICE custody at Plymouth County Correctional Facility. Id. ¶¶ 6, 8.The respondents argue that Cas Quillay is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 6, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. Gomes, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. The respondents contend that “[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here.” ECF 6, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Cas Quillay’s detention.Noncitizens like Cas Quillay “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, Cas Quillay’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 June 16, 2026, notifying the Court whether Cas Quillay has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/08/2026)

Jun 08, 2026

Order

#8

Jun 15, 2026

STATUS REPORT by Antone Moniz. (Tolkoff, Benjamin) (Entered: 06/15/2026)

#9

Jun 15, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 06/15/2026)