District of Puerto Rico • 3:26-cv-01466

#1

Jul 20, 2026

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number APRDC-9560832.), filed by Fausto Castro-Martnez. Service due by 10/19/2026, (Attachments: # 1 Summons, # 2 Civil Cover Sheet, # 3 Category Sheet, # 4 Exhibit Attachment 1, # 5 Exhibit Attachment 2, # 6 Exhibit Attachment 3)(Sanchez-Maceira, Raymond) (Entered: 07/20/2026)

#2

Jul 20, 2026

MOTION for Temporary Restraining Order Not to Transfer Petitioner from Puerto Rico filed by Raymond L. Sanchez-Maceira on behalf of Fausto Castro-Martnez. Responses due by 8/3/2026. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Sanchez-Maceira, Raymond) (Entered: 07/20/2026)

#3

Jul 21, 2026

NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Maria Antongiorgi-Jordan. (rom) (Entered: 07/21/2026)

#4

Jul 21, 2026

Summons Issued as to Todd Blanche, Todd Lyons, Markwayne Mullin, Garrett J. Ripa. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (rom) (Entered: 07/21/2026)

#5

Jul 21, 2026

Summons Issued as to United States Attorney's Office. Note: Counsel must print all summonses and follow the service requirements set forth by the Rules of Civil Procedure. Electronic issuance of summonses should not be construed as authorizing electronic service. (rim) (Main Document 5 replaced on 7/21/2026) (rim). (Entered: 07/21/2026)

#6

Jul 21, 2026

ORDER granting: 2 "Motion for Temporary Restraining Order." Petitioner asks this Court to enter an order prohibiting Respondents from transferring Petitioner outside of the District of Puerto Rico in support of his Petition for a Writ of Habeas Corpus. Under the Immigration and Nationality Act, 8 U.S.C. § 1226(a) "provides the general process for arresting and detaining [noncitizens] who are present in the United States and eligible for removal." Rodriguez Diaz v. Garland, 53 F.4th 1189, 1196 (9th Cir. 2022). Section 1226(a) provides the Government broad discretion whether to release or detain the individual and it provides several layers of review for an initial custody determination. Id. It also confers "an initial bond hearing before a neutral decisionmaker, the opportunity to be represented by counsel and to present evidence, the right to appeal, and the right to seek a new hearing when circumstances materially change." Id. at 1202; see also Doe v. Tompkins, 11 F.4th 1, 2 (1st Cir. 2021) (holding that the Government bears the burden of proving at an initial bond hearing held under Section 1226(a) that (1) a noncitizen poses a danger to the community, or (2) the noncitizen poses a flight risk). Petitioner states that he entered the United States without inspection over twenty years ago, has no criminal record, and has been denied a bond hearing. If true, that would render Petitioner's detention unlawful. Accordingly, the Court finds that the issuance of a temporary restraining order is warranted. If the facts alleged in the instant petition are true, in the absence of relief, Petitioner may suffer the irreparable harm of being denied meaningful engagement with counsel and the opportunity to contest his detention in an expedited manner. See San Juan Cable LLC v. Telecommunications Regulatory Bd. of Puerto Rico, 598 F. Supp. 2d 233 (D.P.R. 2009) (a party moving for temporary restraining order bears the burden to show: (1) a substantial likelihood of success on the merits; (2) a significant risk that it will suffer irreparable harm; (3) the harm it will suffer outweighs any harm that injunctive relief will cause to the defendants; and (4) the public interest weighs in favor of injunctive relief). The Court therefore ORDERS that the Government shall not transfer Petitioner outside of Puerto Rico during the pendency of this case. The Court further ORDERS that Petitioner shall effect service on Respondents immediately and that Respondents shall respond to Petitioner's Writ of Habeas Corpus within four days of receiving service. Signed by Judge Maria Antongiorgi-Jordan on 7/21/2026. (ao) (Entered: 07/21/2026)

#7

Jul 21, 2026

Summons Returned Executed as to USA

#8

Jul 21, 2026

Summons Returned Executed as to USA

Jul 21, 2026

Order on Motion for TRO

Jul 21, 2026

Notice of Judge Assignment

#9

Jul 23, 2026

Notice of Appearance

#10

Jul 24, 2026

Leave to File Document

#11

Jul 24, 2026

Memorandum in Opposition

#12

Jul 27, 2026

ORDER granting: 10 "Motion for Leave to File Document." Signed by Judge Maria Antongiorgi-Jordan on 7/27/2026. (ao) (Entered: 07/27/2026)

Jul 27, 2026

Order on Motion for Leave to File

#13

Jul 30, 2026

ORDER granting: 1 "Petition for Writ of Habeas Corpus." This Court has already ruled that if the facts alleged in Petitioner's Petition for a Writ of Habeas are true, Petitioner's detention is unlawful under 8 U.S.C. § 1226(a). (ECF No. 6 ). Rather than contest any facts alleged by Petitioner (other than whether Petitioner previously requested a bond hearing), Respondents argue in their Response that Petitioner's detention is instead governed by Section 1225(b)(2)(A). (ECF No. 11 ). The Court finds Respondents' arguments unavailing and in direct conflict with this Court's prior conclusions of law in this case. While Respondents point out that some decisions of the District of Puerto Rico have interpreted the scope of Section 1225(b)(2)(A) to cover noncitizens already in the country pending the outcome of removal proceedings, these decisions are in contravention of the vast majority of decisions of this Court and longstanding interpretation of the applicable statutes. See, e.g., Guerrero v. Ripa, No. 26-cv-1427 (CVR), 2026 WL 2042265, at *3 (D.P.R. July 15, 2026); Rodriguez v. Ripa, No. 26-cv-1450 (MAJ), Dkt. 14 (D.P.R. July 17, 2026); Garcia v. Ripa, No. 26-cv-1039 (GMM), 2026 WL 184719, at *4 (D.P.R. Jan. 23, 2026); Munoz de la Rosa v. Ripa, No. 26-cv-1094 (PAD), Dkt. 5 (D.P.R. Feb. 19, 2026); Gonzalez-Rucci v. Gonzalez-Ramos, No. 26-cv-1045 (SCC), Dkt. 12 (D.P.R. Jan. 19, 2026) Hernandez-Lara v. Lyons, 10 F.4thh 19, 26 (1st Cir. 2021). Accordingly, Respondents are hereby ORDERED to provide Petitioner with a bond hearing under Section 1226(a) within 5 days of this Order. Respondents are further ORDERED to release Petitioner immediately pending that bond hearing. The Government shall set minimal release conditions that will reasonably assure Petitioner's appearance at the bond hearing. Respondents are further ORDERED to provide individualized reasons at the bond hearing as to why Petitioner is granted or denied bond. If Respondents do not provide Petitioner with a bond hearing under Section 1226(a) as hereby ordered, or if said bond hearing is dismissed for lack of jurisdiction, Petitioner must be immediately released from detention. No later than, 8/13/2026, the Parties shall file a Joint Status Report concerning (1) the results of any bond hearing that was conducted or, if no hearing was held, advise the Court of the date Petitioner was released from custody; and (2) whether any additional proceedings in this matter are required. Signed by Judge Maria Antongiorgi-Jordan on 7/30/2026. (ao) (Entered: 07/30/2026)

Jul 30, 2026

Order AND ~Util - Set Deadlines/Hearings

#14

Jul 31, 2026

Informative Motion

#15

Jul 31, 2026

ORDER noting: 14 "Informative Motion." Signed by Judge Maria Antongiorgi-Jordan on 7/31/2026. (ao) (Entered: 07/31/2026)

Jul 31, 2026

Order on Informative Motion

#16

Aug 03, 2026

Notice of Voluntary Dismissal - Attorney Only

#17

Aug 04, 2026

ORDER granting: 16 "Notice of Voluntary Dismissal" filed by Fausto Castro-Martinez. Judgment shall be entered accordingly. Signed by Judge Maria Antongiorgi-Jordan on 8/4/2026. (ao) (Entered: 08/04/2026)

#18

Aug 04, 2026

Judgment

Aug 04, 2026

Order