District of Massachusetts • 1:25-cv-14010

#1

Dec 30, 2025

Petition for Writ of Habeas Corpus - 2241

#2

Dec 30, 2025

District Judge Angel Kelley: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL, ENTERED. (BAH) (Entered: 12/30/2025)

#3

Dec 31, 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 Jennifer C. Boal. (CM) (Entered: 12/31/2025)

#4

Dec 31, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (EZG) (Entered: 12/31/2025)

#5

Dec 31, 2025

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL entered.The answer or responsive pleading is due no later than January 7, 2026. (Attachments: # 1 *SEALED* Appendix) (EZG). (Entered: 12/31/2025)

#6

Dec 31, 2025

Copy re: 1 Petition for Writ of Habeas Corpus (2241), 5 Order Concerning Service of Petition and Stay of Transfer or Removal, mailed to Antone Moniz; Kristi L. Noem; Todd Lyons; Patricia Hyde; Pamela Bondi on 12/31/2025. (EZG) (Entered: 12/31/2025)

Dec 31, 2025

Copy Mailed

Dec 31, 2025

Notice of Case Assignment

#7

Jan 07, 2026

Notice of Appearance

#8

Jan 07, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#9

Jan 08, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner S. Vasquez Alzate, a citizen of Colombia who entered the United States in March 2022, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on December 30, 2025 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 10, 17. Earlier that day, he was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”). Id. ¶ 11. Vasquez Alzate remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶¶ 2, 12.The respondents argue that Vasquez Alzate is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). 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 8, 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 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Vasquez Alzate’s detention.Noncitizens like Vasquez Alzate “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, Vasquez Alzate’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 on or before January 16, 2026, notifying the Court whether Vasquez Alzate has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 01/08/2026)

Jan 08, 2026

Order