District of Massachusetts • 1:25-cv-13488

#1

Nov 20, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11372161 Fee status: Filing Fee paid., filed by Eduardo Salvador Alvarez Crespin. (Attachments: # 1 Civil Cover Sheet CCS, # 2 Category Form CF)(Herrero, Johanna) (Entered: 11/20/2025)

#2

Nov 21, 2025

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 Jennifer C. Boal. (CM) (Entered: 11/21/2025)

#3

Nov 21, 2025

General Order 19-02

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Nov 21, 2025

Service Order-2241 Petition

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Nov 21, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Pamela Bondi and Kristi Noem on 11/21/2025. (Currie, Haley) (Entered: 11/21/2025)

Nov 21, 2025

Copy Mailed

Nov 21, 2025

Notice of Case Assignment

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Nov 24, 2025

Notice of Appearance

#7

Nov 24, 2025

Notice of Withdrawal of Appearance

#8

Dec 01, 2025

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

#9

Dec 01, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Eduardo Salvador Alvarez Crespin, a citizen of El Salvador, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on November 20, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 3, 14, 23. He entered the United States in October 2011 and was served with a Notice to Appear in March 2020. Id. ¶¶ 1, 5, 31, 33. His removal proceedings remain pending in Immigration Court. Id. ¶¶ 4-5, 33, 36. On November 17, 2025, Alvarez Crespin was arrested for allegedly driving with a suspended license in Rhode Island and was released on bond from state custody. Id. ¶¶ 1, 35. That same day, he was arrested by U.S. Immigration and Customs Enforcement and transferred to Plymouth County Correctional Facility in Plymouth, Massachusetts, where he remains. Id. ¶¶ 1, 5, 22-23, 30, 35-36.The respondents argue that Alvarez Crespin is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 8, 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, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. 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 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Alvarez Crespin’s detention.Noncitizens like Alvarez Crespin “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, 2025 WL 2607924, at *1. 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, Alvarez Crespin’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 December 10, 2025, notifying the Court whether Alvarez Crespin has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 12/01/2025)

Dec 01, 2025

Order

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Dec 10, 2025

Status Report

#11

Dec 11, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In accordance with this Court's December 1, 2025 order, see ECF 9, the government shall file an updated status report on or before December 12, 2025 specifying whether the petitioner was released after the Immigration Judge ordered him released from custody on bond. (Currie, Haley) (Entered: 12/11/2025)

Dec 11, 2025

Order

#12

Dec 12, 2025

Status Report

#13

Dec 15, 2025

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 12/15/2025)