District of Massachusetts • 1:26-cv-14413

#1

Sep 25, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12065648 Fee status: Filing Fee paid., filed by Carlos Alberto Jurado Sanisaca. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Castel, Ari) (Entered: 09/25/2026)

#2

Sep 28, 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. (SP) (Entered: 09/28/2026)

#3

Sep 28, 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: 09/28/2026)

#4

Sep 28, 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 October 5, 2026. (Currie, Haley) (Entered: 09/28/2026)

#5

Sep 28, 2026

Copies of the following were mailed to all respondents on 9/28/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 09/28/2026)

Sep 28, 2026

Notice of Case Assignment

Sep 28, 2026

Copy Mailed

#6

Sep 29, 2026

Notice of Appearance

#7

Oct 05, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE). (Tolkoff, Benjamin) (Entered: 10/05/2026)

#8

Oct 05, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Carlos Alberto Jurado Sanisaca filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on September 25, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, at 2. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on or about September 12, 2026. Id. Jurado Sanisaca remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id.The respondents do not dispute that Jurado Sanisaca is detained under 8 U.S.C. § 1226 and is therefore entitled a bond hearing pursuant to Section 1226(a). See ECF 7, at 1. 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 dismissed because Jurado Sanisaca has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See ECF 7, at 1. 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 Jurado Sanisaca would receive a bonding hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Jurado Sanisaca, who remains in ICE custody, is likely to experience irreparable harm his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Jurado Sanisaca is therefore entitled to a bond hearing, as the respondents admit. See ECF 7, at 1.For the foregoing reasons, Jurado Sanisaca’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents’ motion to dismiss and request to hold this matter in abeyance, ECF 7, is DENIED. The respondents are ORDERED to provide him with a constitutionally compliant 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 Jurado Sanisaca 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: 10/05/2026)

Oct 05, 2026

Order