District of Massachusetts • 1:26-cv-12988

#1

Jun 30, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11853676 Fee status: Filing Fee paid., filed by Emmanuel Gad Mahuku. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 06/30/2026)

#2

Jun 30, 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 Donald L. Cabell. (FGD) (Entered: 06/30/2026)

#3

Jun 30, 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: 06/30/2026)

#4

Jun 30, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 06/30/2026)

Jun 30, 2026

Notice of Case Assignment

#5

Jul 01, 2026

NOTICE by Antone Moniz re 4 Service Order - 2241 Petition Notice of Confinement (Balakrishna, Annapurna) (Entered: 07/01/2026)

#6

Jul 06, 2026

Notice of Appearance

#7

Jul 09, 2026

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

#8

Jul 20, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Emmanuel Gad Mahuku. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Emmanuel Gad Mahuku ("Petitioner"), D. 1, and Respondents' response to same, D. 7, the Court DENIES the Petition without prejudice. Factual Background. Petitioner is a citizen and national of the Republic of Congo. D. 1 ¶ 1. He entered the United States pursuant to a valid B-2 visa in or around August 2022. Id. He was arrested by U.S. Immigration and Customs Enforcement ("ICE") on or around June 17, 2026 and was detained in this District, id. ¶ 2; D. 7 at 2, prior to his transfer to Mississippi on June 30, 2026, D. 5 at 1. Petitioner now contends that his detention is governed by 8 U.S.C. § 1226(a) ("§ 1226(a)") and, further, that ICE failed to arrest him pursuant to a valid Form I-200, D. 1 ¶¶ 22-26. He seeks relief in the form of, inter alia, his immediate release. Id. at 5.Discussion. This Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context"). Both parties agree that Petitioner is detained pursuant to § 1226(a). D. 1 ¶ 23; D. 7 at 3-4. Because Respondents have provided evidence that Petitioner was, in fact, arrested and detained pursuant to a valid Form I-200, D. 7 at 3-4; D. 7-1 at 1, Petitioner's arguments as to same, D. 1 ¶¶ 14-15, 25, are inapposite. Although Petitioner argues that there is no statutory requirement that he exhaust his administrative remedies prior to seeking habeas relief, id. ¶¶ 20-21, the cases he cites in support of same concern whether administrative exhaustion is required or should be waived after an allegedly inadequate bond hearing, see Romero v. Hyde, 795 F. Supp. 3d 271, 274, 277 (D. Mass. 2025) ("waiv[ing]" administrative exhaustion requirement following bond hearing); Gomes v. Hyde, 804 F. Supp. 3d 265, 271-72 (D. Mass. 2025) (same), and Petitioner does not allege that he has even requested such a hearing here, D. 1 at 1-5. Before a Petitioner may pursue a habeas petition regarding his detention before a bond hearing, he must at least request one. See Reyes Vargas v. Moniz et al., No. 26-cv-11320-MJJ (D. Mass. Mar. 25, 2026), D. 10 (dismissing petition without prejudice where petitioner detained pursuant to § 1226(a) and had not yet requested a bond hearing before immigration judge); Quinonez Mercado as next friend of Abarca-Jovel v. Dep't of Homeland Sec., No. 1:25-cv-12066-JEK, 2025 WL 2430423, at *3 (D. Mass. Aug. 22, 2025) (denying petition for failure to exhaust remedies where "no evidence before the Court that [petitioner] . . . has requested [] a [bond] hearing"). Accordingly, the Court DENIES the Petition without prejudice. (SEC) (Entered: 07/20/2026)

#9

Jul 20, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 07/20/2026)

Jul 20, 2026

Order