District of Massachusetts • 1:26-cv-12524

#1

Jun 03, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11790716 Fee status: Filing Fee paid., filed by Pablo Macas Macas.(Nam-Krane, Michael) (Attachments: # 1 Category Form, # 2 Civil Cover Sheet) Modified on 6/4/2026: to edit docket text and Separate main document from attachments (CEH). (Entered: 06/03/2026)

#2

Jun 03, 2026

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (svm) (Entered: 06/03/2026)

#3

Jun 04, 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 Jessica D. Hedges. (FGD) (Entered: 06/04/2026)

#4

Jun 04, 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: 06/04/2026)

#5

Jun 04, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Glenn L. Formica Filing fee: $ 125, receipt number AMADC-11791041 by Pablo Macas Macas. (Attachments: # 1 Affidavit declaration)(Nam-Krane, Michael) (Entered: 06/04/2026)

#6

Jun 04, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER granting 5 MOTION for Leave to Appear Pro Hac Vice for admission of Glenn L. Formica Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (Currie, Haley) (Entered: 06/04/2026)

#7

Jun 04, 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 June 11, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/04/2026)

#8

Jun 04, 2026

Copies of the following were mailed to all respondents on 6/4/2026: 1 Petition for Writ of Habeas Corpus (2241) and 7 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/04/2026)

Jun 04, 2026

Order on Motion for Leave to Appear

Jun 04, 2026

Notice of Case Assignment

Jun 04, 2026

Copy Mailed

#9

Jun 10, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling (McMahon, Erica) (Entered: 06/10/2026)

#10

Jun 10, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 06/10/2026)

#11

Jun 11, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Pablo Macas Macas, a citizen of Ecuador who entered the United States in October 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 3, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 5, 8, 14. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on May 29, 2026. Id. ¶ 15. Macas Macas remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. ¶ 16.The respondents argue that Macas Macas 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, 804 F. Supp. 3d 265 (D. Mass. 2025), dos Santos v. Noem, No. 25-cv-12052-JEK, 2025 WL 2370988 (D. Mass. Aug. 14, 2025), and Sampiao v. Hyde, 799 F. Supp. 3d 14 (D. Mass. 2025). ECF 10, 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, 804 F. Supp. 3d at 275-76; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 27-28. 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 10, at 1-2. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Macas Macas’s detention.Noncitizens like Macas Macas “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, 799 F. Supp. 3d at 19-20. 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, Macas Macas’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 June 19, 2026, notifying the Court whether Macas Macas has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial.(MBM) (Entered: 06/11/2026)

Jun 11, 2026

Order

#12

Jun 22, 2026

STATUS REPORT by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 06/22/2026)

#13

Jun 30, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 06/30/2026)

#14

Aug 30, 2026

First MOTION to Enforce Judgment Habeas Corpus Petition by Pablo Macas Macas. (Formica, Glenn) Modified on 8/31/2026: memorandum in support and exhibit removed from this entry and refiled in separate entry pursuant to the CM/ECF Administrative Procedures Section (G) Number (4) - please see 15 for correct filing (Currie, Haley). (Entered: 08/30/2026)

#15

Aug 30, 2026

MEMORANDUM in Support re 14 First MOTION to Enforce Judgment Habeas Corpus Petition filed by Pablo Macas Macas. (Attachments: # 1 Exhibit Dismissal of Connecticut State Charges)(Currie, Haley) (Entered: 08/31/2026)

#16

Sep 10, 2026

Opposition re 14 First MOTION to Enforce Judgment Habeas Corpus Petition filed by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 09/10/2026)

#17

Sep 15, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. So the Court may properly consider the motion to enforce at ECF 14, Respondents are ORDERED to file all evidence presented to the Immigration Judge of the August 17, 2026 bond hearing on or before Wednesday, September 16, 2026. (BEL) (Entered: 09/15/2026)

#18

Sep 15, 2026

RESPONSE TO COURT ORDER by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling re 17 Order, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(McMahon, Erica) (Entered: 09/15/2026)

Sep 15, 2026

Order