District of Massachusetts • 1:26-cv-13389

Ospina Bustamante v. Department of Homeland Security

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Case Information

Filed: July 24, 2026
Assigned to: Leo Theodore Sorokin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: July 29, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 24, 2026
PETITION for Writ of Habeas Corpus (2241), filed by Juan Manuel Ospina Bustamante. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Attachment - Notarized Translation, # 8 Cover Sheet)(LBO) Attachment 3 has been restricted due to containing personal identifiers. (FGD) (Entered: 07/24/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 24, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Paul G. Levenson. (LBO) (Entered: 07/24/2026)
#3
Jul 24, 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). (FGD) (Entered: 07/24/2026)
Main Document: General Order 19-02
#4
Jul 24, 2026
Filing fee/payment: $ 5.00, receipt number 100016093 for 1 Petition for Writ of Habeas Corpus (2241), (LBO) (Entered: 07/24/2026)
#5
Jul 24, 2026
District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 07/24/2026)
Main Document: Service Order-2241 Petition
#6
Jul 24, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA and mailed to Respondent, USAO, and petitioner on 7/24/2026. (FGD) (Entered: 07/24/2026)
Jul 24, 2026
Filing Fee/Payment Received
Jul 24, 2026
Notice of Case Assignment
Jul 24, 2026
Copy Mailed
#7
Jul 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Jul 29, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Jul 29, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. After reviewing the Petition and the Response, the Court hereby ALLOWS the Petition as follows. Respondents shall release Petitioner by 6 PM on August 5, 2026, unless he is provided a bond hearing under 8 U.S.C. § 1226(a) before that time. If a bond hearing occurs, Respondents may not at the hearing argue that Petitioner is or should be detained pursuant to 8 U.S.C. § 1225, nor may Petitioner be ordered detained pursuant to § 1225. The burdens of proof at any bond hearing are as resolved by the First Circuit in Hernandez-Lara, and should the immigration judge find that the government has met its burden of proof as to flight or danger, they shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk. Respondents shall not retaliate against Petitioner, at a bond hearing or otherwise, for filing this Petition. If a bond hearing occurs, Respondents shall provide a copy of this Order to the Immigration Judge no later than at the start of the hearing. Respondents shall file a status report no later than August 11, 2026, describing their compliance with this Order and attaching a copy of any written decision by the immigration judge. The Court renders this decision in light of the record before the Court, the prior decisions of this Court, and the government’s concession that this case is similar to prior cases resolved by this Court. See Doc. No. 8 .(FGD) (Entered: 07/29/2026)
Jul 29, 2026
Order AND ~Util - Set Deadlines

Parties

Department of Homeland Security
Party
Ospina Bustamante
Party