District of Massachusetts • 1:26-cv-13275

#1

Jul 16, 2026

PETITION for Writ of Habeas Corpus (2241) and MOTION for Temporary Restraining Order Seeking Stay of Transfer Filing fee: $ 5, receipt number AMADC-11894060 Fee Status: Filing Fee paid., filed by Jhonatan Dario Pilataxi Gualancanay. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(MacMurray, Kevin) Modified on 7/16/2026 to delete duplicate docket text (SP). Modified on 7/16/2026: corrected type of petition in docket text and added motion language as noted in the PDF (Currie, Haley). (Entered: 07/16/2026)

#2

Jul 16, 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 Jessica D. Hedges. (NMC) (Entered: 07/16/2026)

#3

Jul 16, 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: 07/16/2026)

#4

Jul 16, 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 23, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 07/16/2026)

#5

Jul 16, 2026

Copies of the following were mailed to all respondents on 7/16/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 07/16/2026)

Jul 16, 2026

Notice of Case Assignment

Jul 16, 2026

Copy Mailed

#6

Jul 22, 2026

Notice of Appearance

#7

Jul 22, 2026

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

#8

Jul 22, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jhonatan Dario Pilataxi Gualancanay filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on July 16, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-4. Pilataxi Gualancanay’s exact date of detention by the U.S. Immigration and Customs Enforcement (“ICE”) is unknown, but he retained counsel on July 16, 2026. Id. ¶ 17. Pilataxi Gualancanay remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 16.The respondents argue that Pilataxi Gualancanay is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the factual and legal issues presented in this Petition and motion are substantially 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 1-2. 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 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. 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 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Pilataxi Gualancanay’s detention.Noncitizens like Pilataxi Gualancanay “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, Pilataxi Gualancanay’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 within 24 hours of the Immigration Judge’s decision on bond, stating whether Pilataxi Gualancanay has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. (Currie, Haley) (Entered: 07/22/2026)

Jul 22, 2026

Order

#9

Jul 30, 2026

Status Report

#10

Jul 31, 2026

Status Report

#11

Jul 31, 2026

Status Report

#12

Aug 07, 2026

Judgment