District of Massachusetts • 1:25-cv-13583

#1

Nov 25, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11380983 Fee status: Filing Fee paid., filed by Edwin Antonio Aguilar Ventura. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Entry Documents and NTA)(MacMurray, Kevin) (Entered: 11/25/2025)

#2

Nov 25, 2025

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (JKK) (Entered: 11/25/2025)

#3

Nov 25, 2025

NOTICE by Edwin Antonio Aguilar Ventura (Attachments: # 1 Exhibit Maldonado Bautista order granting partial MSJ 11-20-25, # 2 Exhibit Maldonado Bautista Order granting class cert 11-25-25)(MacMurray, Kevin) (Entered: 11/25/2025)

#4

Nov 25, 2025

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.(SEC) (Entered: 11/25/2025)

Nov 25, 2025

Notice of Case Assignment

#5

Dec 09, 2025

Notice of Appearance

#6

Dec 09, 2025

Extension of Time to File Response/Reply

#7

Dec 09, 2025

Opposition to Motion

#8

Dec 11, 2025

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

#9

Dec 19, 2025

Status Report

#10

Dec 24, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 6 MOTION for Extension of Time to December 11, 2025 to File Response/Reply. Having considered Respondents' motion for extension of time to December 11, 2025 to file their response/answer, D. 6, and Petitioner's opposition to same, D. 7, the Court ALLOWS the motion nunc pro tunc and has considered the response/answer, D. 8, in the resolution of the Petition, D. 1 . (SEC) (Entered: 12/24/2025)

#11

Dec 24, 2025

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Antonio Aguilar Ventura ("Petitioner"), D. 1, the Respondents’ response/answer, D. 8, and the Petitioner’s status report, D. 9, the Court ALLOWS the Petition to the extent described in this Order. As to the Petition itself, as Respondents concede in their response/answer, D. 8 at 1, "the legal issues presented in this Petition are similar to those recently addressed by this Court in Dias De Carvalho v. Hyde." Id. Consistent with this Court's ruling in Dias De Carvalho and other cases, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) as Petitioner argues, D. 1 ¶¶ 3, 25-35, and not 8 U.S.C. § 1225(b)(2), as Respondents contend (which provides for mandatory detention for "applicants for admission"), see D. 8 at 2 n.3. Order, Dias De Carvalho v. Hyde, No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited; seeDa Silva v. Bondi et al., No. 25-cv-12672-DJC, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025) and cases cited. Thus, Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. (SEC) (Entered: 12/24/2025)

Dec 24, 2025

Order on Motion for Extension of Time to File Response/Reply

Dec 24, 2025

Order

#12

Jan 05, 2026

Status Report

#13

Jan 07, 2026

Order Dismissing Case