District of Massachusetts • 1:26-cv-12613

#1

Jun 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11803824 Fee status: Filing Fee paid., filed by Luis Fabian Morocho Villa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lagana, Stephen) (Entered: 06/09/2026)

#2

Jun 09, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (LBO) (Entered: 06/09/2026)

#3

Jun 09, 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). (EZG) (Entered: 06/09/2026)

#4

Jun 09, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 06/09/2026)

Jun 09, 2026

Notice of Case Assignment

#5

Jun 29, 2026

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

#6

Jul 02, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Luis Fabian Morocho Villa ("Petitioner"), D. 1, and Respondents' response to same, D. 5, the Court ALLOWS the Petition to the following extent. Respondents submit that this Court's decisions in Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, and Da Silva v. Bondi, No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), are likely dispositive here. See D. 5 at 1. Consistent with this Court's prior rulings, including and not limited to Dias de Carvalho and Da Silva, the Court agrees with Petitioner that his custody is governed by 8 U.S.C. § 1226(a) (which allows for discretionary determinations of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), as Respondents contend, see D. 5 at 2 n.2; see also Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). Thus, the Court concludes that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226 and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). Accordingly, the Court ALLOWS the Petition, D. 1, insofar as it sought a bond hearing/individualized custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), 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. (EZG) (Entered: 07/02/2026)

Jul 02, 2026

Order

#7

Jul 13, 2026

Status Report

#8

Jul 16, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the status report, D. 7, and relief that the Court had previously granted, D. 6, the Court dismisses the Petition and closes this case. (SEC) (Entered: 07/16/2026)

#9

Jul 16, 2026

Order Dismissing Case

Jul 16, 2026

Order