District of Massachusetts • 1:26-cv-13744

#1

Aug 13, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11958974 Fee status: Filing Fee paid., filed by Alfred Gasaba. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ladebush, Branden) (Entered: 08/13/2026)

#2

Aug 14, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (CAM) (Entered: 08/14/2026)

#3

Aug 14, 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). (EZG) (Entered: 08/14/2026)

#4

Aug 14, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 08/14/2026)

Aug 14, 2026

Notice of Case Assignment

#5

Aug 28, 2026

Notice of Appearance

#6

Aug 28, 2026

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

#7

Sep 04, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Alfred Gasaba. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Alfred Gasaba ("Petitioner"), D. 1, and Respondents' response to same, D. 6, the Court ALLOWS the Petition to the following extent.Petitioner claims his detention is governed by 8 U.S.C. § 1226(a), which allows for discretionary determinations of custody before an immigration judge. D. 1 ¶¶ 46-60; see Jennings v. Rodriguez, 583 U.S. 281, 289 (2018). Respondents concede that the basis for Petitioner's detention is § 1226, and that he is entitled to a bond hearing upon request. D. 6 at 1; see Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *11 ("join[ing] the Second, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits in holding that noncitizens . . . who are present in the United States without admission . . . are governed by § 1226"); see Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226 and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). Accordingly, the Court ALLOWS the Petition, D. 1, insofar as it sought a bond hearing/individualized custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). 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: 09/04/2026)

#8

Sep 04, 2026

Stay

Sep 04, 2026

Order

Sep 04, 2026

Stay

#9

Sep 14, 2026

STATUS REPORT by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 09/14/2026)

#10

Sep 14, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the recent status report, D. 9, and the prior relief granted, D. 7, the Court DISMISSES the Petition. (SEC) (Entered: 09/14/2026)

#11

Sep 14, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 09/14/2026)

Sep 14, 2026

Order