District of Massachusetts • 1:26-cv-12780

#1

Jun 18, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11828852 Fee status: Filing Fee paid., filed by Lenilson Jose Marcal. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit)(Kravitz, Daniel) Modified on 6/18/2026 to remove duplicate docket text (CEH). (Entered: 06/18/2026)

#2

Jun 18, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (MAC) (Entered: 06/18/2026)

#3

Jun 18, 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). (CEH) (Entered: 06/18/2026)

#4

Jun 18, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 06/18/2026)

#5

Jun 18, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Benjamin Tolkoff, Rayford Farquhar, and USAMA Civil Process on 6/18/2026 at 2:53 pm and mailed to All Respondents (CEH) (Entered: 06/18/2026)

Jun 18, 2026

Notice of Case Assignment

Jun 18, 2026

Copy Mailed

#6

Jun 24, 2026

Order

#7

Jun 24, 2026

Notice of Appearance

#8

Jun 24, 2026

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

#9

Jun 25, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Lenilson Jose Marcal’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in" Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 8 at 1], in which the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 06/25/2026)

Jun 25, 2026

Order

#10

Jul 09, 2026

Status Report

#11

Jul 09, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On June 18, 2026, Petitioner filed a Petition for Writ of Habeas Corpus, challenging his detention and seeking immediate release or a bond hearing before an immigration judge. [Dkt. 1]. On June 24, 2026, Respondents submitted that “legal issues presented in this Petition are similar to those recently addressed by this Court in Amaya Sanchez v. Moniz et al., No. 25-cv-12806 (D. Mass. Oct. 10, 2025),” [Dkt. 8] in which the Court had joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). The parties agree that Petitioner’s detention is discretionary under 8 U.S.C. § 1226(a) and thus merits a bond hearing before an immigration judge. Accordingly, on June 25, 2026, the Court ordered Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days.On July 9, 2026, Petitioner submitted a status report, stating that “Respondents have not complied with” Court’s order. [Dkt. 10 at 2]. As a result, the Court ORDERS Respondents to show cause, no later than July 10, 2026 at 12:00PM, why Respondents did not afford a bond hearing to the Petitioner in accordance with the Court’s order dated June 25, 2026.(CEH) (Entered: 07/09/2026)

Jul 09, 2026

Order

#12

Jul 10, 2026

Status Report

#13

Jul 10, 2026

Miscellaneous Relief

#14

Jul 10, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. In response to the Court’s Order [Dkt. 11] for Respondents to show cause why they did not provide Petitioner a bond hearing despite Court’s Order [Dkt. 9], Respondents explain that there was a delay in conveying the Court’s order for bond hearing to the Executive Office for Immigration Review (EOIR) to schedule Petitioner’s bond hearing. Respondents further state the delay was unintentional, given the volume of cases for bond hearings. As such, Respondents submit Petitioner’s bond hearing is now scheduled for Monday, July 13, 2026. Absent Respondents’ delay, Petitioner’s bond hearing must have occurred by July 5, 2026 in accordance with the Court’s order. As Petitioner is now scheduled for a bond hearing on July 13, 2026, the next business day, the Court allows Petitioner’s bond hearing to proceed.Respondents are ORDERED to file a status report no later than July 14, 2026 at 11:00 AM, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 07/10/2026)

Jul 10, 2026

Order

#15

Jul 14, 2026

Status Report

#16

Jul 16, 2026

Status Report

#17

Jul 17, 2026

Status Report

#18

Jul 23, 2026

Status Report

Jul 23, 2026

Order on Motion for Miscellaneous Relief