District of Massachusetts • 1:26-cv-12660

#1

Jun 11, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11811574 Fee status: Filing Fee paid., filed by Carlos Julio Murillo Jaramillo. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Nader, Eliana) (Entered: 06/11/2026)

#2

Jun 11, 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 Paul G. Levenson. (MAC) (Entered: 06/11/2026)

Jun 11, 2026

Notice of Case Assignment

#3

Jun 12, 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). (MBM) (Entered: 06/12/2026)

#4

Jun 12, 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 17, 2026. (Attachment(s): # 1 * SEALED Appendix) (MBM) (Entered: 06/12/2026)

#5

Jun 12, 2026

Copies of the following were mailed to Antone Moniz, Todd Lyons, Patricia Hyde, Markwayne Mullin, Sirce Owen and Todd Blanche on 6/12/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (MBM) (Entered: 06/12/2026)

Jun 12, 2026

Copy Mailed

#6

Jun 16, 2026

Notice of Appearance

#7

Jun 17, 2026

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

#8

Jun 18, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Carlos Julio Murillo Jaramillo, a citizen of Colombia, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 11, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 13-14, & at 9. Murillo Jaramillo entered the United States on September 15, 2023. Id. ¶ 25. He applied for asylum in November 2025 and is awaiting his immigration hearing. Id. ¶ 26. On June 11, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) outside of his home in Manchester, New Hampshire. Id. ¶ 3. He remains in ICE custody at Plymouth County Correctional Facility. Id. ¶¶ 4, 29-30.The respondents argue that Murillo Jaramillo 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 7, 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; see 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Murillo Jaramillo’s detention.Noncitizens like Murillo Jaramillo “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, Murillo Jaramillo’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 26, 2026, notifying the Court whether Murillo Jaramillo has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/18/2026)

Jun 18, 2026

Order