District of Massachusetts • 1:26-cv-13662

#1

Aug 10, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11948889 Fee status: Filing Fee paid., filed by Jose Belisario Riofrio Mora. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cameron, Matthew) (Entered: 08/10/2026)

#2

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 Donald L. Cabell. (SP) (Entered: 08/10/2026)

#3

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)

#4

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)

#5

Aug 10, 2026

Copies of the following were mailed to all respondents on 8/10/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/10/2026)

Aug 10, 2026

Notice of Case Assignment

Aug 10, 2026

Copy Mailed

#6

Aug 17, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Michael Krol, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling (Engingro, Vincent) (Entered: 08/17/2026)

#7

Aug 17, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Michael Krol, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling. (Engingro, Vincent) (Entered: 08/17/2026)

#8

Aug 18, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Jose Belisario Riofrio Mora, a citizen of Ecuador who entered the United States on March 26, 2024, 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, ¶¶ 1-3. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on or about August 7, 2026. Id. ¶ 4. Riofrio Mora remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 5.The respondents argue that Riofrio Mora is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2)(A). They acknowledge, however, that “the legal issues presented in the Petition are similar to those recently addressed by the First Circuit in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026).” ECF 7, at 1. In that case, the First Circuit held that 8 U.S.C. § 1226(a)—not Section 1225(b)(2)(A)—governed the petitioner’s detention. Guerrero Orellana, 2026 WL 2352042, at *1. The respondents “acknowledge that the same result will be reached here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b)(2)(A), governs Riofrio Mora’s detention.The First Circuit held that for noncitizens like Riofrio Mora, “district court[s] [are] right to order the government to release [petitioner] or provide him with a bond hearing.” Guerrero Orellana, 2026 WL 2352042, at *1. Therefore, Riofrio Mora has the right to “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).For the foregoing reasons, Riofrio Mora’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 Riofrio Mora 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: 08/18/2026)

Aug 18, 2026

Order