District of Massachusetts • 1:26-cv-13300

#1

Jul 19, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11898498 Fee status: Filing Fee paid., filed by Warner Nolasco-Romero. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Roth, Stephen) (Entered: 07/19/2026)

#2

Jul 20, 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 Jennifer C. Boal. (CAM) (Entered: 07/20/2026)

#3

Jul 20, 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: 07/20/2026)

#4

Jul 20, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 07/20/2026)

Jul 20, 2026

Notice of Case Assignment

#5

Jul 22, 2026

Notice of Appearance

#6

Jul 22, 2026

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

#7

Jul 29, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Warner Ardani Nolasco-Romero. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Warner Ardani Nolasco-Romero ("Petitioner"), D. 1, and Respondents' response to same, D. 6, the Court ALLOWS the Petition to the following extent. Respondents submit that this Court's decision in Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, is likely dispositive here. See D. 6 at 1-2. Consistent with this Court's prior rulings, including and not limited to Dias de Carvalho, 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"), see 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.To the extent Petitioner requests relief that he shall not be transferred out of Massachusetts indefinitely, see D. 1 at 23, Petitioner's requested relief is DENIED. See Benito Vasquez v. Moniz, 788 F. Supp. 3d 177, 182 (D. Mass. 2025) (noting generally that "such requests are beyond the extent of habeas relief"). (SEC) (Entered: 07/29/2026)

Jul 29, 2026

Order