District of Massachusetts • 1:26-cv-12582

#1

Jun 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11797890 Fee status: Filing Fee paid., filed by Miguel Agustin Quizhpilema Gomes.(Nam-Krane, Michael) (Main Document 1 replaced on 6/5/2026) (MMR). (Additional attachment(s) added on 6/5/2026: # 1 Civil Cover Sheet, # 2 Category Form) (MMR). (Entered: 06/05/2026)

#2

Jun 05, 2026

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MMR) (Entered: 06/05/2026)

#3

Jun 08, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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 Paul G. Levenson. (MBM) (Entered: 06/08/2026)

#4

Jun 08, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than June 18, 2026. (CAM) (Entered: 06/08/2026)

#5

Jun 08, 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). (CAM) (Entered: 06/08/2026)

#6

Jun 08, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Benjamin and mailed to Respondents on 6/8/2026. (CAM) (Entered: 06/08/2026)

#7

Jun 08, 2026

Notice of Appearance

Jun 08, 2026

Notice of Case Assignment

Jun 08, 2026

Copy Mailed

#8

Jun 09, 2026

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

#9

Jun 10, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Miguel Agustin Quizhpilema Gomes’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge that “the legal issues presented in this Petition are similar to those addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 8 at 1]. In that case, this Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here and order a bond hearing be conducted in Immigration Court pursuant to 8 U.S.C. § 1226(a).” [ECF No. 8 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. If Petitioner is granted release on bond, Respondents are to release Petitioner during normal business hours in a well-populated area that is not more than 30 miles from Petitioner’s residence with all his personal documents and belongings, after having given advance notice to Petitioner’s counsel of the time and place of Petitioner’s release.The clerk is directed to enter final judgment in favor of Petitioner. Petitioner, whose petition requested an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, [ECF No. 1 at 33], is reminded that, under the EAJA, any application for fees is due within 30 days from final judgment within the meaning of 28 U.S.C. § 2412(d)(2)(G), 28 U.S.C. § 2412(d)(1)(B). (CAM) (Entered: 06/10/2026)

#10

Jun 10, 2026

Judge Allison D. Burroughs: ORDER entered. JUDGMENT in favor of the Petitioner, Miguel Agustin Quizhpilema Gomes. (CAM) (Entered: 06/10/2026)

Jun 10, 2026

Order AND ~Util - Set Deadlines