District of Massachusetts • 1:25-cv-13753

#1

Dec 08, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11404617 Fee status: Filing Fee paid., filed by Aimal Jahaniar. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit)(Romeiro, Fernanda) (Entered: 12/08/2025)

#2

Dec 08, 2025

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 M. Page Kelley. (JAM) (Entered: 12/08/2025)

#3

Dec 08, 2025

General Order 19-02

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Dec 08, 2025

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (EZG) (Entered: 12/08/2025)

#5

Dec 08, 2025

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 December 15, 2025. (Currie, Haley) (Entered: 12/08/2025)

Dec 08, 2025

Notice of Case Assignment

Dec 08, 2025

Notice - Other

#6

Dec 09, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal mailed to Antone Moniz, Patricia Hyde, Todd Lyons, Kristi Noem, and Pamela Bondi on 12/9/2025. (Currie, Haley) (Entered: 12/09/2025)

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Dec 09, 2025

Civil Cover Sheet & Category Sheet by Aimal Jahaniar. (Romeiro, Fernanda) (Entered: 12/09/2025)

Dec 09, 2025

Copy Mailed

#8

Dec 15, 2025

Notice of Appearance

#9

Dec 16, 2025

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Pamela Bondi, Patricia H. Hyde, Todd Lyons, Antone Moniz, Kristi Noem. (Sauter, Mark) (Entered: 12/16/2025)

#10

Dec 17, 2025

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Aimal Jahaniar, a citizen of Afghanistan who entered the United States in January 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 8, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2, 6, 8. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on December 4, 2025. Id. ¶ 5. Jahaniar remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 2, 5.The respondents argue that Jahaniar 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, No. 25-cv-11571-JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25-cv-11981-JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 9, 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, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. 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 9, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Jahaniar’s detention.Noncitizens like Jahaniar “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, 2025 WL 2607924, at *1. 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, Jahaniar’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 December 27, 2025, notifying the Court whether Jahaniar has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 12/17/2025)

Dec 17, 2025

Order

#11

Dec 23, 2025

Status Report

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Dec 23, 2025

Judgment