District of Massachusetts • 1:26-cv-13423

#1

Jul 28, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Jignyeshkumar Bhikhabhai Patel. (Attachments: # 1 Attachment)(SR) (Entered: 07/28/2026)

#2

Jul 28, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format both a Local Category Form & a Civil Cover Sheet. Both forms can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (SR) (Entered: 07/28/2026)

#3

Jul 28, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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: 07/28/2026)

#4

Jul 28, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 07/28/2026)

#5

Jul 28, 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). (CEH) (Entered: 07/28/2026)

#6

Jul 28, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 07/28/2026)

#7

Jul 28, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to AUSA Julian Canzoneri, Rayford Farquhar, and USAMA Civil Process on 7/28/2026 Copy 4 Service Order - 2241 Petition and 6 Standing Order mailed to Petitioner (CEH) (Entered: 07/28/2026)

Jul 28, 2026

Notice - Other

Jul 28, 2026

Copy Mailed

Jul 28, 2026

Notice of Case Assignment

#8

Jul 29, 2026

Filing fee/payment: $ 5.00, receipt number 100016127 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) (Entered: 07/29/2026)

Jul 29, 2026

Filing Fee/Payment Received

#9

Jul 31, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling (Sauter, Mark) (Entered: 07/31/2026)

#10

Jul 31, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) Abbreviated by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Sauter, Mark) (Entered: 07/31/2026)

#11

Aug 03, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Jignyeshkumar Bhikhabhai Patel's Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents submit that the legal issues presented in this Petition “are materially indistinguishable from those addressed by this Court in Gomes Cardoso v. Hyde, et al., No. 25-CV-13935-AK (D. Mass. Feb. 19, 2026)" [Dkt. 10 at 1], in which the Court held that full due process protections apply to non-citizens, and that the Due Process Clause is violated when non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(A) are subject to mandatory detention without notice or opportunity to be heard. On the facts before it, the Court does not find reason to deviate from the analysis presented in Gomes Cardoso, No. 25-CV-13935-AK. Accordingly, Petitioner is entitled to a bond hearing.Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. 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 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 08/03/2026)

Aug 03, 2026

Order

#12

Aug 17, 2026

STATUS REPORT and Request for Dismissal of Petition by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit A - Order of IJ)(Sauter, Mark) (Entered: 08/17/2026)

#13

Aug 18, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On August 3, 2026, this Court GRANTED Petitioner’s Habeas Petition. [Dkt. 11]. On August 17, 2026, Respondents provided a Status Report indicating that Petitioner received a bond hearing and was found to be a danger to the community by clear and convincing evidence and no alternative to detention exists that would ensure the safety of the community. [Dkt. 12]. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit.(CEH) (Entered: 08/18/2026)

#14

Aug 18, 2026

Copy re 11 Order, 13 Order, mailed to Jignyeshkumar Bhikhabhai Patel on 8/18/2026. (CEH) (Entered: 08/18/2026)

Aug 18, 2026

Copy Mailed

Aug 18, 2026

Order

#15

Aug 26, 2026

District Judge Angel Kelley: ORDER entered. ORDER CLOSING CASE(CEH) (Entered: 08/26/2026)

#16

Aug 26, 2026

Copy re 15 Order Dismissing Case mailed to Jignyeshkumar Bhikhabhai Patel on 8/26/2026. (CEH) (Entered: 08/26/2026)

Aug 26, 2026

Copy Mailed

#17

Aug 27, 2026

Objection by Jignyeshkumar Bhikhabhai Patel to 12 STATUS REPORT and Request for Dismissal of Petition (Attachments: # 1 Exhibit) (CEH) (Entered: 08/27/2026)

#18

Aug 27, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. The Court hereby VACATES its previous Order Dismissing Case at Dkt. 15. (MAL) (Entered: 08/27/2026)

#19

Aug 27, 2026

Copy re 18 Order mailed to Jignyeshkumar Bhikhabhai Patel on 8/27/2026. (CEH) (Entered: 08/27/2026)

Aug 27, 2026

Copy Mailed

Aug 27, 2026

Order

#20

Aug 28, 2026

Response by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling to 17 Response . (Sauter, Mark) (Entered: 08/28/2026)

Aug 31, 2026

Case reopened by Vacated Order [Dkt. 18]. (Deslauriers, Timothy)

Aug 31, 2026

~Util - Case Reopened

#21

Sep 02, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner's Petition for a Writ of Habeas Corpus. [Dkt. 1]. Petitioner filed the Petition on July 28, 2026. [Dkt. 1]. On July 31, 2026, Respondents filed their response, stating that the legal issues presented “are materially indistinguishable from those addressed by this Court in Gomes Cardoso v. Hyde, et al., No. 25-CV-13935-AK (D. Mass. Feb. 19, 2026).” [Dkt. 10 at 1]. In Gomes Cardoso, the Court held that full due process protections apply to non-citizens, and that the Due Process Clause is violated when non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(5)(A) are subjected to mandatory detention without notice or an opportunity to be heard. Accordingly, the Court granted Petitioner's Petition for Writ of Habeas Corpus on August 3, 2026. [Dkt. 11]. On August 17, 2026, Respondents filed a status report indicating that Petitioner received a bond hearing on August 12, 2026, at which the Immigration Judge found by clear and convincing evidence that Petitioner is a danger to the community and that no alternative to detention would ensure the safety of the community. [Dkt. 12]. On August 18, 2026, the Court advised the parties that it would terminate the case absent objection. [Dkt. 13]. On August 27, 2026, Petitioner filed an objection seeking immediate release, arguing that the Immigration Judge’s dangerousness finding rested on an assault and battery charge that had been dismissed before the bond hearing. [Dkt. 17]. On August 28, 2026, Respondents filed an opposition acknowledging “that the Court may conclude that the bond hearing was constitutionally deficient to the extent that the IJ failed to consider alternatives to detention.” [Dkt. 20]. Respondents further argued that the appropriate remedy for any such deficiency is a new bond hearing rather than immediate release. [Id.]. The Court agrees however finds no deficiency here. The Court’s authority to review an Immigration Judge’s custody determination is “limited.” Diaz Ortiz v. Smith, 384 F. Supp. 3d 140, 143 (D. Mass. 2019). The Court may not reweigh the evidence or second-guess the IJ’s discretionary judgments. See 8 U.S.C. § 1226(e) “discretionary judgment[s] regarding the application of [Section 1226] shall not be subject to review”); Diaz-Calderon v. Barr, 535 F. Supp. 3d 669, 676 (E.D. Mich. 2020) (quoting Arellano v. Sessions, No. 6:18-cv-06625-MAT, 2019 WL 3387210, at *7 (W.D.N.Y. July 26, 2019)) (“[A] district court sitting in habeas [] review . . . has no authority to encroach upon an IJ’s discretionary weighing of the evidence.”); Pensamiento v. McDonald, 315 F. Supp. 3d 684, 688 (D. Mass. 2018) (“Congress has eliminated judicial review of discretionary custody determinations.”); Diaz Ortiz, 384 F. Supp. 3d at 144 (court lacks jurisdiction to review an “immigration judge’s weighing of the evidence and exercise of discretion with respect to dangerousness”). The Court must likewise remain “mindful of [its] obligation to afford . . . a degree of deference to the determinations made below.” United States v. Tortora, 922 F.2d 880, 882 (1st Cir. 1990). Here, the record reflects that the Immigration Judge weighed the Hernandez-Lara v. Lyons, 10 F. 4th 19 (1st Circ. 2021) factors in determining that Petitioner is a danger to the community. [Dkt. 12-1 at 3-4]. In doing so, the Immigration Judge considered both Petitioner's underlying OUI conviction and the resolved assault and battery charge. [Dkt. 12-1 at 3-4]. The Immigration Judge also considered the evidence Petitioner offered in his favor — his stable employment, his marriage, and his dependent minor daughter — but found those factors “insufficient to diminish the weight of the Court’s dangerousness finding.” [Id.]. This Court is not allowed to reweigh that evidence or to “encroach upon an IJ’s discretionary weighing [of that] evidence.” Arellano, 2019 WL 3387210, at *7. Because Petitioner received a bond hearing and has not demonstrated that the Immigration Judge failed to apply the constitutional standard in making the bond determination, the Petition is hereby DENIED. (CEH) (Entered: 09/02/2026)

#22

Sep 02, 2026

District Judge Angel Kelley: ORDER entered. ORDER CLOSING CASE (CEH) (Entered: 09/02/2026)

#23

Sep 02, 2026

Copy re 22 Order Dismissing Case, 21 Order, mailed to Jignyeshkumar Bhikhabhai Patel on 9/2/2026. (CEH) (Entered: 09/02/2026)

Sep 02, 2026

Copy Mailed

Sep 02, 2026

Order

#24

Sep 08, 2026

Reconsideration