District of Massachusetts • 1:26-cv-13086

#1

Jul 03, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11863544 Fee status: Filing Fee paid., filed by Nold Sley Amour Seholo-Malanda. (Attachments: # 1 Exhibit A - Notice to Appear, # 2 Exhibit B - Automated Case Information System, # 3 Exhibit C - Online Detainee Locator System, # 4 Civil Cover Sheet, # 5 Category Form)(Ritenour, Amelia) Modified on 7/6/2026: Removed duplicate text. (FGD) (Entered: 07/03/2026)

#2

Jul 03, 2026

District Judge Leo T. Sorokin: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MMR) (Entered: 07/03/2026)

#3

Jul 06, 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 Jennifer C. Boal. (MBM) (Entered: 07/06/2026)

#4

Jul 06, 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: 07/06/2026)

#5

Jul 06, 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 July 13, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley) (Entered: 07/06/2026)

#6

Jul 06, 2026

Copies of the following were mailed to all respondents on 7/6/2026: 1 Petition for Writ of Habeas Corpus (2241) and 5 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 07/06/2026)

Jul 06, 2026

Notice of Case Assignment

Jul 06, 2026

Copy Mailed

#7

Jul 08, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 07/08/2026)

#8

Jul 13, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (McMahon, Erica) (Entered: 07/13/2026)

#9

Jul 13, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Nold Sley Amour Seholo-Malanda, a citizen of Congo who entered the United States on or about January 12, 2021, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on July 3, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1-5, 13. He was detained by the U.S. Immigration and Customs Enforcement (“ICE”) on July 3, 2026. Id. ¶ 4. Amour Seholo-Malanda remains in ICE’s custody in Massachusetts. Id. ¶ 15.The respondents argue that Amour Seholo-Malanda 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 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 8, 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 8, at 1. The Court agrees and therefore concludes that Section 1226(a), not Section 1225(b), governs Amour Seholo-Malanda’s detention.Noncitizens like Amour Seholo-Malanda “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, Amour Seholo-Malanda’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 within 24 hours of the Immigration Judge’s decision on bond, stating whether Amour Seholo-Malanda has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. (Currie, Haley) (Entered: 07/13/2026)

Jul 13, 2026

Order

#10

Jul 21, 2026

Status Report

#11

Jul 27, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. On July 21, 2026, the respondents filed a status report indicating that a bond hearing was held on July 20, 2026 and that a decision from the Immigration Judge on bond would be forthcoming. ECF 10 . No further status report has been filed. The respondents are, accordingly, ORDERED to file a further status report by July 28, 2026 notifying the Court whether the petitioner has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial. (Currie, Haley) (Entered: 07/27/2026)

#12

Jul 27, 2026

Response to Court Order

Jul 27, 2026

Order

#13

Jul 28, 2026

Judgment