District of Massachusetts • 1:26-cv-13596

#1

Aug 06, 2026

PETITION for Writ of Habeas Corpus (2241) filed by Jovain Griffiths.(NVB) Modified on 8/6/2026: corrected CM/ECF event used at opening to reflect 2241 and cleaned up docket text to reflect filing (Currie, Haley). (Entered: 08/06/2026)

#2

Aug 06, 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. (NMC) (Entered: 08/06/2026)

#3

Aug 06, 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: 08/06/2026)

#4

Aug 06, 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 13, 2026. (Currie, Haley) (Entered: 08/06/2026)

#5

Aug 06, 2026

Copies of the following were mailed on 8/6/2026:All Respondents: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of RemovalJovain Griffiths: 4 Order Concerning Service of Petition and Stay or Transfer of Removal and docket sheet (Currie, Haley) (Entered: 08/06/2026)

Aug 06, 2026

Notice of Case Assignment

Aug 06, 2026

Copy Mailed

#6

Aug 11, 2026

Filing fee/payment: $ 5.00, receipt number 100016252 for 1 Complaint (NVB) (Entered: 08/11/2026)

#7

Aug 11, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Antone Moniz, David Wesling (Tolkoff, Benjamin) (Entered: 08/11/2026)

#8

Aug 11, 2026

RESPONSE/ANSWER to 1 Complaint by Antone Moniz, David Wesling. (Tolkoff, Benjamin) (Entered: 08/11/2026)

#9

Aug 11, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jovain Griffiths, proceeding pro se, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 6, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 13, 15. He is currently in the custody of U.S. Immigration and Customs Enforcement (“ICE”) at the Plymouth County Correctional Facility. Id. ¶ 2.The respondents do not dispute that Griffiths is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a) and 8 C.F.R. § 236.1(d)(1). See ECF 8, at 1-2. Noncitizens “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).In the respondents’ view, this petition should nonetheless be denied because Griffiths has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 8, at 1-4. Exhaustion may be excused, however, where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Griffiths would receive a bonding hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Griffiths, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Griffiths is therefore entitled to a bond hearing, as the respondents admit. See ECF 8, at 1-2.For the foregoing reasons, Griffith’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 Griffiths 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: 08/11/2026)

#10

Aug 11, 2026

A copy of the following was mailed to Jovain Griffiths on 8/11/2026: 9 Electronic Order (Currie, Haley) (Entered: 08/11/2026)

Aug 11, 2026

Filing Fee/Payment Received

Aug 11, 2026

Copy Mailed

Aug 11, 2026

Order

#11

Aug 19, 2026

STATUS REPORT by Antone Moniz, David Wesling. (Attachments: # 1 Exhibit Bond Order)(Tolkoff, Benjamin) (Entered: 08/19/2026)

#12

Aug 27, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 08/27/2026)