District of Massachusetts • 1:26-cv-13335

#1

Jul 21, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11903511 Fee status: Filing Fee paid., filed by Luis Virgilio Zamora Guallpa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Lagana, Stephen) (Entered: 07/21/2026)

#2

Jul 21, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (MAC) (Entered: 07/21/2026)

#3

Jul 21, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than July 31, 2026. (CAM) (Entered: 07/21/2026)

#4

Jul 21, 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). (CAM) (Entered: 07/21/2026)

#5

Jul 21, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to Duty AUSA Brazier and mailed to Respondents on 7/21/2026. (CAM) (Entered: 07/21/2026)

Jul 21, 2026

Notice of Case Assignment

Jul 21, 2026

Copy Mailed

#6

Jul 24, 2026

NOTICE of Appearance by Mark Sauter on behalf of Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Sauter, Mark) (Entered: 07/24/2026)

#7

Jul 24, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Sauter, Mark) (Entered: 07/24/2026)

#8

Jul 24, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Luis Virgilio Zamora Guallpa’s petition for writ of habeas corpus. [ECF No. 1 ]. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 7 at 1]. In that case, the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). Morales, No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 7 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. In that bond hearing, the immigration judge must expressly state the following findings on the record:(1) whether the government has “prove[d] by clear and convincing evidence that [Petitioner] poses a danger to the community or... by a preponderance of the evidence that [he or] she poses a flight risk”; and(2) if the government has carried its burden:(a) the particular evidence by which the government carried its burden;(b) how the immigration judge “considered... [and] weighed... the information [Petitioner] provided” in relation to the government’s evidence;(c) the chain of reasoning connecting the evidence to the finding of dangerousness or flight risk; and(d) the reasons why less-restrictive alternatives to detention, such as GPS monitoring, would be ineffective to mitigate any risk.Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021); Atariguana-Buele v. Warden, Plymouth Corr. Facility, No. 26-cv-12168, 2026 WL 1825934, at *2 (D. Mass. June 25, 2026) (discussing need for immigration judge to thoroughly engage with the record); see Costa v. McDonald, No. 25-cv-13469, 2026 WL 371198, at *2 (D. Mass. Feb. 10, 2026) (collecting cases). Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.The clerk is directed to enter judgment in favor of Petitioner. Petitioner, whose petition requested an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, [ECF No. 1 at 9], is reminded that, under the EAJA, any application for fees is due within 30 days from final judgment within the meaning of 28 U.S.C. § 2412(d)(2)(G), 28 U.S.C. § 2412(d)(1)(B). (MBM) (Entered: 07/24/2026)

#9

Jul 24, 2026

Judgment

Jul 24, 2026

Order