District of Massachusetts • 1:25-cv-13941

#1

Dec 22, 2025

Petition for Writ of Habeas Corpus - 2241

#3

Dec 23, 2025

Service Order-2241 Petition

#4

Dec 23, 2025

General Order 19-02

#5

Dec 23, 2025

Notice of Appearance

Dec 23, 2025

Notice of Case Assignment

#7

Jan 07, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having considered the Petition of Jorge Luis Molina Belalcazar ("Petitioner"), D. 1, and the government's response, D. 6, the Court ALLOWS the Petition to the following extent. Consistent with this Court's ruling in Dias De Carvalho, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2), as Respondents contend (which provides for mandatory detention for "applicants for admission"), D. 6 at 1 n.2. See Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Thus, Petitioner is entitled to a bond hearing. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. (LMH) (Entered: 01/07/2026)

Jan 07, 2026

Order