District of Massachusetts • 1:26-cv-12951

#1

Jun 29, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11849930 Fee status: Filing Fee paid., filed by Cristian Lantigua Santana. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit ICE Detainee Locator showing Petitioner's Detention at Plymouth County Correctional Facility)(Chatterjee, Shantanu) (Entered: 06/29/2026)

#2

Jun 29, 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 Jennifer C. Boal. (MBM) (Entered: 06/29/2026)

#3

Jun 29, 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: 06/29/2026)

#4

Jun 29, 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 July 6, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/29/2026)

#5

Jun 29, 2026

Copies of the following were mailed to all respondents on 6/29/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/29/2026)

Jun 29, 2026

Notice of Case Assignment

Jun 29, 2026

Copy Mailed

#6

Jul 06, 2026

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

#7

Jul 06, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Cristian Lantigua-Santana, a citizen of Dominican Republic who entered the United States in April 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 29, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 4, 25. When Lantigua-Santana entered the United States in 2023, he was released on parole by the Department of Homeland Security. Id. ¶ 1; ECF 6 at 1. His parole expired in 2024. ECF 6, at 1. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on June 24, 2026. ECF 1, ¶ 2. Lantigua-Santana remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 3.The respondents argue that Lantigua-Santana is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(1). They acknowledge, however, that “this case is on all fours with this Court’s prior opinion in” Escobar Avelar v. Moniz, No. 26-cv-10509-JEK (D. Mass. 2026). ECF 6, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)(1)—governed the petitioner’s detention. ECF 8, Escobar Avelar v. Moniz, No. 26-cv-10509-JEK. The respondents contend that “[s]hould the Court follow its reasoning in Escobar Avelar, it would reach the same result here.” ECF 6, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b)(1), governs Lantigua-Santana’s detention.Noncitizens like Lantigua-Santana “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 v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). 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, Lantigua-Santana’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 14, 2026, notifying the Court whether Lantigua-Santana has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 07/06/2026)

Jul 06, 2026

Order