District of Massachusetts • 1:26-cv-13569

#1

Aug 05, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11938562 Fee status: Filing Fee paid., filed by Celio Roberto Ortiz Amaral. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C) (Chirkov, Andrei) Modified on 8/5/2026: Removed duplicate text, separated exhibits from main document. Restricted exhibits due to containing personal identifiers. (FGD). (Entered: 08/05/2026)

#2

Aug 05, 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. (JAM) (Entered: 08/05/2026)

#3

Aug 05, 2026

General Order 19-02

Aug 05, 2026

Notice of Case Assignment

#4

Aug 10, 2026

Service Order-2241 Petition

#5

Aug 12, 2026

Notice of Appearance

#6

Aug 24, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella, David Wesling. (McMahon, Erica) (Entered: 08/24/2026)

#7

Aug 25, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Celio Roberto Ortiz Amaral. Having considered the Petition of Celio Roberto Ortiz Amaral ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and the government's response, D. 6, the Court ALLOWS the Petition to the following extent. As Respondents acknowledge, "the legal issues presented in this Petition are similar to those recently addressed by the First Circuit in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026), and by this Court in Dias De Carvalho v. Hyde," D. 6 at 1; see Guerrero Orellana, 2026 WL 2352042, at *1-*17; see Order, Dias De Carvalho, No. 25-cv-12677-DJC, D. 14 and cases cited. Consistent with Guerrero Orellana and the Court's ruling in Dias De Carvalho, the Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination 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 Guerrero Orellana, 2026 WL 2352042, at *11 ("join[ing] the Second, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits in holding that noncitizens . . . who are present in the United States without admission . . . are governed by § 1226"); Dias De Carvalho, No. 25-cv-12677-DJC, D. 14. Thus, Petitioner is entitled to a bond hearing. See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226(a) 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 insofar as it sought a bond hearing/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. (SEC) (Entered: 08/25/2026)

Aug 25, 2026

Order

#8

Aug 27, 2026

Status Report

#9

Sep 03, 2026

STATUS REPORT by Todd Blanche, Markwayne Mullin, U.S. Department of Homeland Security, David J. Venturella, David Wesling. (McMahon, Erica) (Entered: 09/03/2026)

#10

Sep 03, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the recent status report, D. 9, and the prior relief granted, D. 7, the Court DISMISSES the Petition.(SEC) (Entered: 09/03/2026)

#11

Sep 03, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 09/03/2026)

Sep 03, 2026

Order