District of Massachusetts • 1:25-cv-13802

#1

Dec 10, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11412102 Fee status: Filing Fee paid., filed by Ahmad Mukhtar Qaumi.(Nam-Krane, Michael) (Entered: 12/10/2025)

#2

Dec 10, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Glenn L. Formica Filing fee: $ 125, receipt number AMADC-11412104 by Ahmad Mukhtar Qaumi.(Nam-Krane, Michael) (Entered: 12/10/2025)

#3

Dec 10, 2025

District Judge Angel Kelley: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL.(PK) (Entered: 12/10/2025)

#4

Dec 11, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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: 12/11/2025)

#5

Dec 11, 2025

Service Order-2241 Petition

#6

Dec 11, 2025

General Order 19-02

Dec 11, 2025

Notice of Case Assignment

#7

Dec 12, 2025

Notice of Appearance

#8

Dec 15, 2025

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

#9

Dec 16, 2025

Judge Indira Talwani: ELECTRONIC ORDER: In his Petition for Writ of Habeas Corpus [ 1 ], Petitioner Ahmad Mukhtar Qaumi, an Afghan national who, on or about July 24, 2024, entered the United States, states he is currently being held in U.S. Immigration and Customs Enforcement (“ICE”) custody at the Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ­¶¶ 1–2, 4, 6. Petitioner contends that “as a person arrested inside the United States and held in civil immigration detention, Petitioner is subject to detention, if at all, pursuant to 8 U.S.C. § 1226.” Id. ¶ 32. He further argues that, “[a]s a person detained under 8 U.S.C. § 1226(a), Petitioner must, upon his request, receive a custody redetermination hearing (colloquially called a ‘bond hearing’) with strong procedural protections.” Id. ¶ 35.Respondents note that the legal issues raised in this Petition [ 1 ] are similar to those addressed by this court in Doe v. Moniz, __ F. Supp. 3d __, 2025 WL 2576819 (D. Mass. Sept. 5, 2025); Elias Escobar v. Hyde, 2025 WL 2823324 (D. Mass. Oct. 3, 2025); Da Silva v. Hyde, No. 25-cv-12638-IT (D. Mass. Oct. 7, 2025); Venancio v. Hyde, No. 25-cv-12616-IT (D. Mass. Oct. 9, 2025); and Caguana-Caguana v. Moniz, 2025 WL 3171043 (D. Mass. Nov. 13, 2025). Resp. 1 [ 6 ]. In those cases, this court held that the petitioners were detained pursuant to 8 U.S.C. § 1226(a). See Elias Escobar, 2025 WL 2823324, at *3 (“[T]he court finds that [Petitioner’s] detention falls under Respondents’ discretionary authority under 8 U.S.C. § 1226(a) and thus entitles him to a bond hearing.”). Accordingly, Respondents state that “[s]hould the Court follow its reasoning in Doe, [Elias] Escobar, Da Silva, Venancio, and Caguana-Caguana, it would reach the same result here.” Resp. 1 [ 6 ].The court finds the reasoning in Doe and Elias Escobar remains correct. The Board of Immigration Appeals’ decision in Matter of Yajure Hurtado, 29 I&N Dec. 216 (BIA 2025), is unpersuasive and does not change the analysis. See Elias Escobar, 2025 WL 2823324, at *3 (citing cases reaching the same conclusion).The Petition for Writ of Habeas Corpus [ 1 ] is therefore GRANTED as follows. No later than December 23, 2025, Mukhtar Qaumi must be provided a bond hearing pursuant to 8 U.S.C. § 1226(a). The court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. (SEC) (Entered: 12/16/2025)

Dec 16, 2025

Order

#10

Dec 23, 2025

Status Report

Jan 05, 2026

Order on Motion for Leave to Appear