District of Maine • 2:25-cv-00624

#1

Dec 16, 2025

PETITION for Writ of Habeas Corpus, filed by GUSTAVO ELADIO GAVILANEZ ESPINOZA. (Attachments: # 1 Exhibit A-Notice to Appear)(mtm) (Entered: 12/16/2025)

#2

Dec 16, 2025

CIVIL COVER SHEET. (mtm) (Entered: 12/16/2025)

#3

Dec 16, 2025

MOTION for Temporary Restraining Order by GUSTAVO ELADIO GAVILANEZ ESPINOZA Responses due by 1/6/2026. (mtm) (Entered: 12/16/2025)

#4

Dec 16, 2025

NOTICE of Appearance by KAYLA M. ALVES on behalf of GUSTAVO ELADIO GAVILANEZ ESPINOZA (mtm) (Entered: 12/16/2025)

#5

Dec 16, 2025

ORDER TO SHOW CAUSE 1 PETITION for Writ of Habeas Corpus Responses due by NOON on 12/17/2025. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 12/16/2025)

#6

Dec 16, 2025

RESPONSE in Opposition re 1 PETITION for Writ of Habeas Corpus filed by PAMELA BONDI, KRISTI NOEM. Reply due by 12/30/2025. (LIZOTTE, ANDREW) (Entered: 12/16/2025)

Dec 16, 2025

Set Deadlines : $5.00 Filing Fee due by 12/17/2025. Counsel must call the Clerk's Office to pay the fee via credit card as it cannot be paid via Pay.Gov. (mtm)

Dec 16, 2025

Filing Fee Received from GUSTAVO ELADIO GAVILANEZ ESPINOZA: Amount Paid: 5.00. Receipt Number: 5781. Method of Payment: Credit Card. Purpose of Payment: Filing Fee. Date Paid: 12/16/25 (slg)

Dec 16, 2025

Set Deadlines as to Timothy Caron: Pro Hac Vice Certificate due by 12/19/2025. The Certification for Admission Pro Hac Vice form can be downloaded from our website at http://www.med.uscourts.gov/forms. (mtm)

#7

Dec 17, 2025

ORDER: In its response to the show cause order, ECF No. 6, the Government asserts that Mr. Gavilanez Espinoza is subject to detention under 8 U.S.C. § 1225(b)(2). However, the Government acknowledges the caselaw from this Court in Chogllo Chafla v. Scott, No. 2:25-CV-00437, 2025 WL 2688541 (D. Me. Sept. 22, 2025), and Bermeo Sicha v. Bernal, No. 1:25-CV-00418, 2025 WL 2494530 (D. Me. Aug. 29, 2025), and has not submitted any additional facts or legal arguments explaining why Mr. Gavilanez Espinoza's case is factually or legally distinct from those cases. As such, pursuant to my reasoning in those cases, I GRANT the Petitioner's habeas petition and ORDER him immediately released on his own recognizance. ECF No. 1. According to the Petition, Mr. Gavilanez Espinoza may be scheduled for a bond hearing before an immigration judge on December 18, 2025. It is unclear if that is still pending. I hereby ORDER that Mr. Gavilanez Espinoza receive an individual bond hearing pursuant to section 1226(a)(2) no sooner than 30 days from the date of the Order in this case. The Government is enjoined from denying Petitioner a bond hearing on the basis that 8 U.S.C. § 1225(b)(2) applies to Petitioner. The Government is further ORDERED to file a status report within five days of Petitioner's bond hearing, stating whether the Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. By JUDGE STACEY D. NEUMANN. (mjlt) (Entered: 12/17/2025)

Dec 17, 2025

Set Deadlines in accordance with the Court's Order dated 12/17/25 : Government to file a Status Report within five days of the Petitioner's bond hearing. (mjlt)

Dec 17, 2025

Order on Petition for Writ of Habeas Corpus