District of Massachusetts • 1:25-cv-13725

#1

Dec 06, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11401635 Fee status: Filing Fee paid., filed by Jose Alberto Baraja-Vega. (Attachments: # 1 Civil Cover Sheet CSS, # 2 Category Form CF)(Herrero, Johanna) (Entered: 12/06/2025)

#2

Dec 08, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (CM) (Entered: 12/08/2025)

#3

Dec 08, 2025

Order

#4

Dec 08, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order, mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Antone Moniz, Michael Krol on 12/8/2025. (JAM) (Entered: 12/08/2025)

Dec 08, 2025

Notice of Case Assignment

Dec 08, 2025

Copy Mailed

#5

Dec 11, 2025

Notice of Appearance

#6

Dec 11, 2025

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

#7

Dec 12, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Pamela Bondi, Michael Krol, Antone Moniz.Petitioner Jose Alberto Baraja-Vega, an Ecuador national, challenges his immigration detention and seeks immediate release or a bond hearing. Jose Alberto Baraja-Vega who was residing in Bangor Maine, prior to his detention, was detained by U.S. Immigration and Customs Enforcement (ICE) on December 5, 2025, during a scheduled check-in at the Burlington ICE office. Petitioner has a pending affirmative asylum application (Form I-589) before USCIS, filed on March 1, 2024. He is currently held at the Plymouth County Correctional Facility. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Jose Alberto Baraja-Vegas detention, and that the due process clause provides Petitioner only those rights conferred by that statute. However, the court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Jose Alberto Baraja-Vega before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than seven days from the date of this Order (by 12/19/25). The court further orders that Jose Alberto Baraja-Vega not be removed from this district or the United States until his hearing on his asylum petition. (MZ) (Entered: 12/12/2025)

Dec 12, 2025

Order

#8

Dec 30, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Order. The court is informed by the government that the Immigration Judge ordered bond, Petitioner posted the bond, and was released from ICE custody. Accordingly, the Clerk will dismiss and close this case.(MZ) (Entered: 12/30/2025)

#9

Dec 30, 2025

Order Dismissing Case

Dec 30, 2025

Order