District of Massachusetts • 1:26-cv-12568

#1

Jun 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11795877 Fee status: Filing Fee paid., filed by Jonathan Ilmar De Leon Garcia. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Micheroni, Nicole) (Entered: 06/05/2026)

#2

Jun 05, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (JAM) (Entered: 06/05/2026)

#3

Jun 05, 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). (SED) (Entered: 06/05/2026)

#4

Jun 05, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 06/05/2026)

#5

Jun 05, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA and mailed to Respondents and USAO on 6/5/2026. (FGD) (Entered: 06/05/2026)

Jun 05, 2026

Copy Mailed

Jun 05, 2026

Notice of Case Assignment

#6

Jun 10, 2026

Notice of Appearance

#7

Jun 10, 2026

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

#8

Jun 11, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. By June 16, 2026, the respondents shall supplement their answer by filing the following: 1) copies of all exhibits, memoranda, and other documents submitted to the IJ by the petitioner in support of the request for bond; and 2) a transcript or an audio recording of the bond hearing. The petitioner may file a reply by June 18, 2026, limited to ten pages in length. (EZG) (Entered: 06/11/2026)

Jun 11, 2026

Order

#9

Jun 12, 2026

Response to Court Order

#10

Jun 17, 2026

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

#11

Jun 18, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Petitioner Jonathan Ilmar de Leon Garcia is a Guatemalan national who lawfully entered the United States on June 27, 2019, on a B-2 tourist visa, and then remained beyond the period authorized by his visa. Doc. No. 1 ¶ 2. On July 31, 2021, de Leon Garcia was stopped by a local police officer while driving and charged with operating an uninsured and unregistered vehicle while his license was suspended. Id. ¶ 3. He then failed to appear at his arraignment on November 8, 2021, and a default warrant issued. Id. ¶¶ 3–4. De Leon Garcia avers that he never received a summons and was unaware of the scheduled state-court hearing. Id. When he learned that his case remained open, he appeared in state court and resolved the matter on March 24, 2026 (two counts were dismissed, and he was found not responsible for the third). Id.; see also Doc. No. 7-2 at 9. Later that day, he was taken into ICE custody, where he remains today. Doc. No. 1 ¶¶ 5–6.On May 7, 2026, de Leon Garcia received a bond hearing before Immigration Judge Luciana Dubuc. Id. ¶ 7. The IJ detained de Leon Garcia after concluding, based on the prior default warrant, that de Leon Garcia posed “a flight risk by a preponderance of the evidence and that there is no bond amount that will mitigate [his] risk of flight.” Id. ¶ 8. The IJ did not consider alternatives to detention. See generally Doc. No. 9-2 (audio of bond hearing). On June 5, 2026, de Leon Garcia filed this habeas petition alleging that the bond hearing he received was constitutionally inadequate and seeking either release or remand for a constitutionally complaint bond hearing. Doc. No. 1 at 16–17.Respondents concede that the IJ did not consider alternatives to detention. Doc. No. 7 at 8. They request that the Court remand for another bond hearing. Id. Under the circumstances, the Court agrees that remand is the appropriate remedy. This case arises in a different posture from those in which the Court has concluded that immediate release is required. See, e.g., Rogerio Ramos v. Moniz, No. 26-cv-11388-LTS (D. Mass. filed Mar. 23, 2026), Dkt. Nos. 8, 19; Mijango Velasco v. Wesling, No. 26-cv-11355-LTS (D. Mass. filed Mar. 20, 2026), Dkt. Nos. 8, 19. In those cases, the Court had previously ordered respondents to either release the petitioner or provide the petitioner with a constitutionally compliant bond hearing by a date certain. When the respondents failed to provide a bond hearing that comported with constitutional due process requirements, release was required by the terms of the Court’s order. There is also no indication that de Leon Garcia has already unsuccessfully sought a new bond hearing before the IJ such that remand would be futile. See Memorandum of Decision and Order at 5, Maria Loja Loja v. Moniz, No. 26-cv-11826-MJJ (D. Mass. Apr. 28, 2026), Dkt. No. 10. Here, de Leon Garcia’s initial bond hearing occurred without a preexisting federal court order, the Court does not presently conclude that remand would be futile, and remand is appropriate in the first instance.The petition (Doc. No. 1) is therefore ALLOWED IN PART as follows. Respondents shall provide the petitioner with a bond hearing that complies with all constitutional requirements, including but not limited to the requirement that the IJ consider alternatives to detention before determining flight risk or dangerousness, by June 25, 2026. Respondents shall file a status report confirming compliance with this Order by June 26, 2026. If bond is denied, then by the same deadline or as soon as practicable thereafter, Respondents shall also file the exhibits presented to the IJ and the audio or transcript of the hearing. Respondents shall not retaliate against de Leon Garcia, at the bond hearing or otherwise, for filing this petition.(FGD) (Entered: 06/18/2026)

Jun 18, 2026

Order AND ~Util - Set Deadlines

#12

Jun 26, 2026

Response to Court Order

#13

Jun 30, 2026

Notice - Other

#14

Jul 02, 2026

Judgment