District of Massachusetts • 1:26-cv-13642

#1

Aug 10, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11946499 Fee status: Filing Fee paid., filed by Saul Batres-Villa. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Declaration)(Masferrer, Eduardo) Modified on 8/10/2026 Removing Duplicate Text (NMC). (Entered: 08/10/2026)

#2

Aug 10, 2026

Emergency MOTION to Expedite, Emergency MOTION for Temporary Restraining Order ( Responses due by 8/24/2026) by Saul Batres-Villa. (Attachments: # 1 Text of Proposed Order)(Masferrer, Eduardo) (Entered: 08/10/2026)

#3

Aug 10, 2026

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/Local Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (NMC) (Entered: 08/10/2026)

#4

Aug 10, 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 M. Page Kelley. (SP) (Entered: 08/10/2026)

#5

Aug 10, 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: 08/10/2026)

#6

Aug 10, 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 17, 2026. (Currie, Haley) (Entered: 08/10/2026)

#7

Aug 10, 2026

Copies of the following were mailed to all respondents on 8/10/2026: 1 Petition for Writ of Habeas Corpus (2241). Motion for Temporary Restraining Order 2 and 6 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/10/2026)

Aug 10, 2026

Notice of Case Assignment

Aug 10, 2026

Copy Mailed

Aug 10, 2026

Notice - Other

#8

Aug 17, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Antone Moniz, David Wesling (Engingro, Vincent) (Entered: 08/17/2026)

#9

Aug 17, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, David Wesling. (Engingro, Vincent) (Entered: 08/17/2026)

#10

Aug 18, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Saul Amilcar Batres-Villa, a citizen of El Salvador who entered the United States over eleven years ago, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 10, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 7. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) sometime after his release from state custody for a February 2025 conviction. Id. ¶ 17-18. Batres-Villa remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 1.The respondents argue that Batres-Villa 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 concerning detention under 8 U.S.C. § 1225(b)(1) are similar to those recently addressed by this Court in Nkemaka v. Hyde, et al., No. 26-cv-13360-JEK (D. Mass. July 31, 2026).” ECF 9, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. ECF 13, Nkemaka, No. 26-cv-13360-JEK (citing ECF 11, Lema Lara v. Moniz, 25-cv-13747-JEK (D. Mass. Dec. 22, 2025); ECF 8, Sheta Mbuese v. Moniz, No. 25-cv-13195-JEK (D. Mass. Nov. 7, 2025); ECF 23, Soares da Silva v. Bondi, No. 25-cv-12483 (D. Mass. Oct. 21, 2025)). The respondents contend that “[s]hould the Court follow its reasoning in Nkemaka, 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 Batres-Villa’s detention.Noncitizens like Batres-Villa “‘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.’” ECF 13, Nkemaka, No. 26-cv-13360-JEK (quoting 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).For the foregoing reasons, Batres-Villa’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 Batres-Villa 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. Batres-Villa’s emergency motion to expedite, ECF 2, is DENIED as moot. (Currie, Haley) (Entered: 08/18/2026)

Aug 18, 2026

Order AND ~Util - Terminate Motions

#11

Aug 27, 2026

STATUS REPORT by Antone Moniz, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 08/27/2026)

#12

Sep 01, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 09/01/2026)