District of Massachusetts • 1:26-cv-12839

#1

Jun 23, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11836469 Fee status: Filing Fee paid., filed by Luis Amilcar Chavez Chavez. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet) (MacMurray, Kevin) Modified on 6/23/2026: to remove duplicate docket text (EZG). (Entered: 06/23/2026)

#2

Jun 23, 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 Paul G. Levenson. (FGD) (Entered: 06/23/2026)

#3

Jun 23, 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: 06/23/2026)

#4

Jun 23, 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 30, 2026. (Attachments: # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 06/23/2026)

#5

Jun 23, 2026

Copies of the following were mailed to all respondents on 6/23/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 06/23/2026)

Jun 23, 2026

Notice of Case Assignment

Jun 23, 2026

Copy Mailed

#6

Jun 25, 2026

Notice of Appearance

#7

Jun 26, 2026

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

#8

Jun 26, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Luis Amilcar Chavez Chavez filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on June 23, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 2-4. Chavez Chavez is in ICE custody at the Plymouth County Correctional Facility. Id. ¶ 6.The respondents argue that Chavez Chavez is lawfully detained as an applicant for admission under 8 U.S.C. § 1225(b). They acknowledge, however, that “the factual and legal issues presented in this Petition and motion are substantially 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 7, 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 276; dos Santos, 2025 WL 2370988, at *7; Sampiao, 799 F. Supp. 3d at 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 7, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Chavez Chavez’s detention.Noncitizens like Chavez Chavez “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, Chavez Chavez’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 July 6, 2026, notifying the Court whether Chavez Chavez has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 06/26/2026)

Jun 26, 2026

Order

#9

Jul 06, 2026

Status Report

#10

Jul 13, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 07/13/2026)