District of Massachusetts • 1:26-cv-12686

#1

Jun 12, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Jun 15, 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 Jennifer C. Boal. (SP) (Entered: 06/15/2026)

#3

Jun 15, 2026

Service Order-2241 Petition

#4

Jun 15, 2026

General Order 19-02

#5

Jun 15, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Tolkoff and mailed to respondents on 6/15/2026. (CAM) (Entered: 06/15/2026)

Jun 15, 2026

Copy Mailed

Jun 15, 2026

Notice of Case Assignment

#6

Jun 17, 2026

Notice of Appearance

#7

Jun 17, 2026

Notice - Other

#8

Jun 18, 2026

Miscellaneous Relief

#9

Jun 18, 2026

Opposition to Motion

#10

Jun 22, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Petitioner’s emergency motion for return of Petitioner to the District of Massachusetts, [ECF No. 8 ], is DENIED. The government concedes that the Court maintains jurisdiction over Petitioner’s petition. [ECF No. 9 at 1]. Under the circumstances of this case, where Petitioner was transferred prior to entry of the Court’s stay order, the Court lacks jurisdiction to order Petitioner’s return. See, e.g., Brouillard v. Lyons, No. 26-cv-10090, 2026 WL 497009, at *3 (D. Mass. Feb. 23, 2026) (“Petitioner's request to prohibit her transfer out of New England is outside the scope of habeas relief.”).For the avoidance of doubt, the Court’s stay order, [ECF No. 3 ], otherwise remains in effect. The government shall provide advance notice of any intended further transfer of Petitioner in accordance with the order. Petitioner shall not be deported, removed, or otherwise transferred outside the United States until further order of this Court. (CAM) (Entered: 06/22/2026)

Jun 22, 2026

Order on Motion for Miscellaneous Relief

#11

Jun 23, 2026

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

#12

Jun 24, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Jose Ricardo Pimentel Dos Santos’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. 11 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.” [ECF No. 11 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, and the clerk is directed to enter judgment in favor of Petitioner. Respondents are ORDERED to provide Petitioner with a bond hearing within this District 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). Should an immigration judge order the release of Petitioner on bond, Respondents are ORDERED to arrange for Petitioner’s prompt return to this District, unless Petitioner wishes to arrange for his own transportation. 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. (CAM) (Entered: 06/24/2026)

#13

Jun 24, 2026

Judge Allison D. Burroughs: ORDER entered. JUDGMENT in favor of the Petitioner. (CAM) (Entered: 06/24/2026)

Jun 24, 2026

Order AND ~Util - Set Deadlines