District of Massachusetts • 1:26-cv-13762

#1

Aug 14, 2026

Second PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11961546 Fee status: Filing Fee paid., filed by Fritz Dieudonne. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Detainee Locator Page, # 4 Exhibit Petitioner's Order of Supervision) (Burns, Matthew). (Entered: 08/14/2026)

#2

Aug 14, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (CAM) (Entered: 08/14/2026)

#3

Aug 14, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 08/14/2026)

#4

Aug 14, 2026

Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241), mailed to Antone Moniz, Secretary U.S. Department of Homeland Security, David Wesling, Todd Lyons, Markwayne Mullin, Acting Attorney General on 8/14/2026. (JAM) (Entered: 08/14/2026)

#5

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). (JAM) (Entered: 08/14/2026)

Aug 14, 2026

Notice of Case Assignment

Aug 14, 2026

Copy Mailed

#6

Aug 17, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE. As this case is related to a previously filed habeas petition by Petitioner Fritz Dieudonne (1:26-cv-13762 Dieudonne v. Moniz et al Petition for Writ of Habeas Corpus (2241)), the court directs the Clerk to transfer this case to Judge Kobick. (JAM) (Entered: 08/17/2026)

#7

Aug 17, 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. (JAM) (Entered: 08/17/2026)

Aug 17, 2026

Order Reassigning Case

Aug 17, 2026

Notice of Case Assignment

#8

Aug 19, 2026

NOTICE of Appearance by Erica McMahon on behalf of Acting Attorney General, Todd Lyons, Antone Moniz, Markwayne Mullin, Secretary U.S. Department of Homeland Security, David Wesling (McMahon, Erica) (Entered: 08/19/2026)

#9

Aug 21, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Acting Attorney General, Todd Lyons, Antone Moniz, Markwayne Mullin, Secretary U.S. Department of Homeland Security, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 08/21/2026)

#10

Aug 24, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Fritz Dieudonne, a citizen of Haiti who entered the United States in 2013, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 14, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-2, 38. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on August 4, 2026. Id. ¶ 2. Dieudonne remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id.The respondents argue that Dieudonne 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 are similar to those addressed by this Court in” dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988, at *7 (D. Mass. Aug. 14, 2025). ECF 9, at 2. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner’s detention. dos Santos, 2025 WL 2370988, at *7. The respondents contend that “[s]hould the Court follow its reasoning in . . . dos Santos . . . it would reach the same result here.” ECF 9, at 2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Dieudonne’s detention.Noncitizens like Dieudonne “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.” dos Santos, 2025 WL 2370988, at *1. 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, Dieudonne’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 Dieudonne 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: 08/24/2026)

Aug 24, 2026

Order