District of Massachusetts • 1:25-cv-13992

#1

Dec 27, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11441523 Fee status: Filing Fee paid., filed by E. Papadopoulou. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet - E. Papadopoulou, # 2 Category Form Category Form - E. Papadopoulou)(Congote, Juan) (Entered: 12/27/2025)

#2

Dec 27, 2025

District Judge Angel Kelley: ORDER entered. EMERGENCY ORDER Concerning Stay of Transfer or Removal ENTERED. (BAH) (Entered: 12/27/2025)

#3

Dec 29, 2025

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. (CM) (Entered: 12/29/2025)

#4

Dec 29, 2025

General Order 19-02

#5

Dec 29, 2025

Service Order-2241 Petition

#6

Dec 29, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), and 5 Order Concerning Service of Petition and Stay of Transfer or Removal, mailed to Kristi L. Noem; Todd Lyons; Patricia Hyde; Pamela Bondi on 12/29/2025. (EZG) (Entered: 12/29/2025)

#7

Dec 29, 2025

Notice of Appearance

Dec 29, 2025

Copy Mailed

Dec 29, 2025

Notice of Case Assignment

#8

Jan 02, 2026

NOTICE by Pamela Bondi, Patricia Hyde, Todd Lyons, Kristi L. Noem Transfer (McMahon, Erica) (Entered: 01/02/2026)

#9

Jan 02, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Patricia Hyde, Todd Lyons, Kristi L. Noem. (McMahon, Erica) (Entered: 01/02/2026)

#10

Jan 02, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner E. Papadopoulou, a citizen of Albania who entered the United States in January 2013, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 27, 2025 seeking her immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 10, 24. She was arrested and detained by the U.S. Immigration and Customs Enforcement ("ICE") on December 26, 2025. Id. ¶ 11. Papadopoulou remains in ICE's custody at the Boston Field Office in Burlington, Massachusetts. Id. ¶¶ 2, 14.The respondents argue that Papadopoulou is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b)(2). They acknowledge, however, that "the legal issues presented in this Petition are similar to those recently addressed by this Court in" Gomes v. Hyde, No. 25‐cv‐11571‐JEK, 2025 WL 1869299 (D. Mass. July 7, 2025), dos Santos v. Noem, No. 25‐cv‐12052‐JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, No. 25‐cv‐11981‐JEK, 2025 WL 2607924 (D. Mass. Sept. 9, 2025). ECF 9, at 1. In those cases, this Court held that 8 U.S.C. § 1226(a)—not Section 1225(b)—governed the petitioner's detention. Gomes, 2025 WL 1869299, at *7; dos Santos, 2025 WL 2370988, at *7; Sampiao, 2025 WL 2607924, at *8. The respondents contend that "[s]hould the Court follow its reasoning in Gomes, dos Santos, and Sampiao, it would reach the same result here." ECF 9, at 1‐2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Papadopoulou's detention. Noncitizens like Papadopoulou "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, 2025 WL 2607924, at *1. 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, Papadopoulou's petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide her 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 on or before January 14, 2026, notifying the Court whether Papadopoulou has been granted bond and released or, if her request for bond was denied, providing the reasons for that denial. (EZG) (Entered: 01/02/2026)

Jan 02, 2026

Order

#11

Jan 03, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. By no later than 9:30 a.m. on Monday, January 5, 2026, counsel for the petitioner is ORDERED to file on the docket the petitioner's position on the respondent's request to transfer her to an ICE facility in Texas. See ECF 8 . Pursuant to this Court's order, the respondents may not transfer the petitioner out of Massachusetts for 72 hours from the time of the docketing of their notice of intent to transfer. See ECF 5, at 3-4. (Currie, Haley) (Entered: 01/03/2026)

#12

Jan 03, 2026

Response to Court Order

Jan 03, 2026

Order

Jan 04, 2026

Order