District of Massachusetts • 1:26-cv-13511

#1

Aug 03, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11930569 Fee status: Filing Fee paid., filed by Herwis Salvador Socop Calel. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Welch, Daniel) Modified on 8/3/2026 (MAP). (Entered: 08/03/2026)

#2

Aug 03, 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 Donald L. Cabell. (EZG) (Entered: 08/03/2026)

#3

Aug 03, 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: 08/03/2026)

#4

Aug 03, 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 August 10, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 08/03/2026)

#5

Aug 03, 2026

Copies of the following were mailed to all respondents on 8/3/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/03/2026)

Aug 03, 2026

Copy Mailed

Aug 03, 2026

Notice of Case Assignment

#6

Aug 10, 2026

Notice of Appearance

#7

Aug 10, 2026

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

#8

Aug 10, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Herwis Salvador Socop Calel, a citizen of Guatemala who entered the United States more than twenty years ago, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 3, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 10-11. The date of Socop Calel’s detention by U.S. Immigration and Customs Enforcement (“ICE”) is unknown. Id. ¶ 1. Socop Calel remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 4.The respondents argue that Socop Calel 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, 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. 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 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Socop Calel’s detention.Noncitizens like Socop Calel “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, Socop Calel’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 Socop Calel 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: 08/10/2026)

Aug 10, 2026

Order

#9

Aug 19, 2026

STATUS REPORT by Pamela Jo Bondi, Todd M Lyons, Antone Moniz, Kristi L. Noem, David T Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 08/19/2026)

#10

Aug 19, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 08/19/2026)

#11

Aug 19, 2026

Emergency Response by Herwis Salvador Socop Calel to 9 Status Report . (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Welch, Daniel) (Entered: 08/19/2026)