District of Massachusetts • 1:26-cv-14040

#1

Sep 02, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Mario Salama Youssef Ishak. (Attachments: # 1 Civil Cover Sheet)(LBO) (Entered: 09/02/2026)

#2

Sep 02, 2026

MOTION for Temporary Restraining Order by Mario Salama Youssef Ishak.(LBO) (Entered: 09/02/2026)

#3

Sep 02, 2026

Filing fee/payment: $ 5.00, receipt number 100016500 for 1 Petition for Writ of Habeas Corpus (2241) (LBO) (Entered: 09/02/2026)

#4

Sep 02, 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. (FGD) (Entered: 09/02/2026)

#5

Sep 02, 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: 09/02/2026)

#6

Sep 02, 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 September 9, 2026. (Currie, Haley) (Entered: 09/02/2026)

#7

Sep 02, 2026

Copies of the following were mailed to all respondents on 9/2/2026: 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: 09/02/2026)

#8

Sep 02, 2026

NOTICE of Appearance by Michelle A. Keith on behalf of Mario Salama Youssef Ishak (Keith, Michelle) (Entered: 09/02/2026)

#9

Sep 02, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Sherif Bishara Filing fee: $ 125, receipt number AMADC-12005373 by Mario Salama Youssef Ishak.(Keith, Michelle) (Entered: 09/02/2026)

Sep 02, 2026

Copy Mailed

Sep 02, 2026

Filing Fee/Payment Received

Sep 02, 2026

Notice of Case Assignment

#10

Sep 03, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 9 MOTION for Leave to Appear Pro Hac Vice for admission of Sherif Bishara Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) (Entered: 09/03/2026)

#11

Sep 03, 2026

NOTICE OF ATTORNEY PAYMENT OF FEES by Petitioner Mario Salama Youssef Ishak. Filing fee $ 5, receipt number AMADC-12007058. Payment Type : 9 MOTION for Leave to Appear Pro Hac Vice for admission of Sherif Bishara (Keith, Michelle) (Entered: 09/03/2026)

Sep 03, 2026

Order on Motion for Leave to Appear

#12

Sep 08, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 09/08/2026)

#13

Sep 09, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (McMahon, Erica) (Entered: 09/09/2026)

#14

Sep 09, 2026

Modified on 9/9/2026: duplicate filing made by counsel - please see 13 for correct filing (Currie, Haley). (Entered: 09/09/2026)

#15

Sep 09, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Mario Salama Youssef Ishak, a citizen of Egypt, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on September 2, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1 ¶¶ 5, 41. He was detained by the U.S. Immigration and Customs Enforcement (“ICE”) on August 31, 2026. Id. ¶ 6. Ishak remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 2.The respondents do not dispute that Ishak is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a). See ECF 13, at 2. Noncitizens “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.” 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).In the respondents’ view, this petition should nonetheless be denied because Ishak has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 13, at 2-3. Exhaustion may be excused, however, where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Ishak would receive a bond hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Ishak, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Ishak is therefore entitled to a bond hearing, as the respondents admit. See 1ECF 13, at 2.For the foregoing reasons, Ishak’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 Ishak 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. Ishak’s motion for a temporary restraining order and preliminary injunction pending adjudication of his habeas petition, ECF 2, is DENIED as moot. (Currie, Haley) (Entered: 09/09/2026)

Sep 09, 2026

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

Sep 09, 2026

Order AND ~Util - Terminate Motions