District of Massachusetts • 1:26-cv-12528

#1

Jun 04, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11791559 Fee status: Filing Fee paid., filed by Nery Hassiel Murillo-Rubi. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit ICE Detainee Locator Page)(Burns, Matthew) Modified on 6/4/2026 to delete duplicate text (CEH). (Entered: 06/04/2026)

#2

Jun 04, 2026

MOTION for Temporary Restraining Order by Nery Hassiel Murillo-Rubi.(Burns, Matthew) (Entered: 06/04/2026)

#3

Jun 04, 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 Donald L. Cabell. (FGD) (Entered: 06/04/2026)

#4

Jun 04, 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: 06/04/2026)

#5

Jun 04, 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 11, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/04/2026)

#6

Jun 04, 2026

Copies of the following were mailed to all respondents on 6/4/2026: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/04/2026)

Jun 04, 2026

Notice of Case Assignment

Jun 04, 2026

Copy Mailed

#7

Jun 08, 2026

Notice of Appearance

#8

Jun 11, 2026

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

#9

Jun 12, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Nery Hassiel Murillo-Rubi, a citizen of Honduras, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 4, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 12, 18 & at 7. In May 2019, Murillo-Rubi entered the United States without inspection, was briefly apprehended before being released, and was placed in removal proceedings. Id. ¶¶ 1, 19. He subsequently applied for asylum and withholding of removal and currently has a master calendar hearing scheduled in January 2027. Id. ¶¶ 4, 21. On June 3, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) when he attended his check-in at its office. Id. ¶¶ 2, 22. Murillo-Rubi was then transferred to Plymouth County Correctional Facility, where he remains in ICE custody. Id. ¶¶ 3, 12, 23; ECF 1 -3.The respondents argue that Murillo-Rubi is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in the Petition are similar to those addressed by this Court in dos Santos v. Noem,” No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), “among others.” ECF 8, at 1. In dos Santos, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. dos Santos, 2025 WL 2370988, at *7; accord Gomes v. Hyde, 804 F. Supp. 3d 265, 276 (D. Mass. 2025); Sampiao v. Hyde, 799 F. Supp. 3d 14, 28 (D. Mass. 2025). The respondents contend that “[s]hould the Court follow its reasoning in dos Santos, it would reach the same result here.” ECF 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Murillo-Rubi’s detention.Noncitizens like Murillo-Rubi “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).The respondents also contend that Murillo-Rubi has pending charges in Massachusetts that may subject him to mandatory detention under the Laken Riley Act, 8 U.S.C. § 1226(c)(1)(E). Assuming without deciding that those charges fall within the scope of that statute, requiring mandatory detention based solely on such charges violates Murillo-Rubi’s Fifth Amendment due process rights. See Alcantara Guerrero v. Wesling, No. 26-cv-10928-JEK, 2026 WL 931503, at *1 (D. Mass. Apr. 6, 2026). The respondents recognize that “[i]f the Court follows its reasoning in Alcantara, it would reach the same conclusion here.” ECF 8, at 1 n.2. The Court agrees and thus concludes that, like the petitioner in Alcantara, Murillo-Rubi is entitled to a bond hearing.For the foregoing reasons, Murillo-Rubi’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 22, 2026, notifying the Court whether Murillo-Rubi has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. In light of this order, Murillo-Rubi’s motion for a temporary restraining order, ECF 2, is DENIED as moot. See ECF 2, at 1 (requesting relief for “while his Petition is pending”).(MBM) (Entered: 06/12/2026)

Jun 12, 2026

Order on Motion for TRO

#10

Jun 18, 2026

Status Report

#11

Jun 29, 2026

Judgment