District of Massachusetts • 1:26-cv-14261

#1

Sep 17, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12041703 Fee status: Filing Fee paid., filed by Fisher Merone. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Miller, Jacob). (Main Document 1 replaced on 9/17/2026) (NVB). (Additional attachment(s) added on 9/17/2026: # 3 Exhibit 1) (NVB). (Entered: 09/17/2026)

#2

Sep 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. (FGD) (Entered: 09/17/2026)

#3

Sep 17, 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: 09/17/2026)

#4

Sep 17, 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 24, 2026. (Currie, Haley) (Entered: 09/17/2026)

#5

Sep 17, 2026

Copies of the following were mailed to all respondents on 9/17/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 09/17/2026)

Sep 17, 2026

Notice of Case Assignment

Sep 17, 2026

Copy Mailed

#6

Sep 22, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Michael Krol, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 09/22/2026)

#7

Sep 24, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 09/24/2026)

#8

Sep 24, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Fisher Merone, a citizen of Haiti, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on September 17, 2026 seeking his immediate release. ECF 1, ¶¶ 1-3. When Merone entered the United States, he was released on parole by the Department of Homeland Security. ECF 7, at 1. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on September 16, 2026. ECF 1, ¶ 1. Merone remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id.The respondents argue that Merone is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(1). They acknowledge, however, that “this case is on all fours with this Court’s prior opinion in” Escobar Avelar v. Moniz, No. 26-cv-10509-JEK (D. Mass. Feb. 10, 2026). ECF 7, at 1. In that case, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)(1)—governed the petitioner’s detention. ECF 8, Escobar Avelar v. Moniz, No. 26-cv-10509-JEK. The respondents contend that “[s]hould the Court follow its reasoning in Escobar Avelar, it would reach the same result here.” ECF 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b)(1), governs Merone’s detention.Noncitizens like Merone “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).For the foregoing reasons, Merone’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 Merone has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether she 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: 09/24/2026)

Sep 24, 2026

Order