District of Massachusetts • 1:26-cv-12768

#1

Jun 18, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11827392 Fee status: Filing Fee paid., filed by Deibys Osiris Donis Montes De Oca. (Attachments: # 1 Civil Cover Sheet Civil, # 2 Category Form) (Bremer, Hans). (Entered: 06/18/2026)

#2

Jun 18, 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: 06/18/2026)

#3

Jun 18, 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). (Currie, Haley) (Entered: 06/18/2026)

#4

Jun 18, 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 25, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/18/2026)

#5

Jun 18, 2026

Copies of the following were mailed to all respondents on 6/18/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/18/2026)

Jun 18, 2026

Copy Mailed

Jun 18, 2026

Notice of Case Assignment

#6

Jun 23, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Executive Office for Immigration Review, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling (McMahon, Erica) (Entered: 06/23/2026)

#7

Jun 23, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Executive Office for Immigration Review, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling. (McMahon, Erica) (Entered: 06/23/2026)

#8

Jun 23, 2026

NOTICE by Deibys Osiris Donis Montes De Oca of Scheduled Custody Hearing (Attachments: # 1 Exhibit Notice of Custody Hearing)(Bremer, Hans) (Entered: 06/23/2026)

#9

Jun 23, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Deibys Osiris Donis Montes De Oca, a citizen of Guatemala, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 18, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 17-18, 26 & at 8.In May 2018, at the age of seventeen, Montes De Oca entered the United States without inspection. Id. ¶ 8. He was granted Special Immigrant Juvenile (“SIJ”) status by United States Citizenship and Immigration Services (“USCIS”) under 8 U.S.C. § 1108(a)(27)(J) in June 2022. Id. ¶ 9; see Osorio-Martinez v. Att’y Gen. United States of Am., 893 F.3d 153, 158 (3d Cir. 2018) (describing SIJ status as “a protective classification designed by Congress to safeguard abused, abandoned, or neglected alien children who are able to meet its rigorous eligibility requirements”). In April 2026, Montes De Oca filed an application for adjustment of status, which remains pending. ECF 1, ¶ 10. Two months later, on June 17, 2026, he was arrested and detained by U.S. Immigration and Customs Enforcement (“ICE”) when he attended his check-in at its office and was then placed in removal proceedings. Id. ¶¶ 7-8, 12, 26. Montes De Oca remains in ICE custody at Plymouth County Correctional Facility. Id. ¶¶ 1, 7, 19.The respondents argue that Montes De Oca is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the legal issues presented in this Petition are similar to those recently addressed by this Court in” Gomes v. Hyde, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 7, 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, 804 F. Supp. 3d at 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 28. 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Montes De Oca’s detention.Noncitizens like Montes De Oca “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, Montes De Oca’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 July 1, 2026, notifying the Court whether Montes De Oca has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/23/2026)

Jun 23, 2026

Order

#10

Jul 02, 2026

Status Report

#11

Jul 02, 2026

Judgment