District of Massachusetts • 1:26-cv-14407

#1

Sep 25, 2026

First PETITION for Writ of Habeas Corpus (2241) EMERGENCY PETITION FOR HABEAS CORPUS Filing fee: $ 5, receipt number AMADC-12065020 Fee status: Filing Fee paid., filed by Sebastien Denis Amedee. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Petitioner's ICE Detainee Locator Screenshot, # 4 Exhibit Petitioner's Asylum Application Receipt Notice) (Chatterjee, Shantanu) Modified on 9/25/2026: to correct misspelling of petitioner's name (EZG). (Entered: 09/25/2026)

#2

Sep 25, 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 Jessica D. Hedges. (EZG) (Entered: 09/25/2026)

#3

Sep 25, 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). (EZG) (Entered: 09/25/2026)

#4

Sep 25, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.(EZG) (Entered: 09/25/2026)

Sep 25, 2026

Notice of Case Assignment

#5

Sep 29, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, Donald J. Trump, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 09/29/2026)

#6

Oct 08, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, by Todd W. Blanche, Antone Moniz, Markwayne Mullin, Donald J. Trump, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 10/08/2026)

#7

Oct 08, 2026

NOTICE OF MANUAL FILING by Todd W. Blanche, Antone Moniz, Markwayne Mullin, Donald J. Trump, David Venturella, David Wesling re 6 Response to Petition for Writ of Habeas Corpus - 2241 (Tolkoff, Benjamin) (Entered: 10/08/2026)

#8

Oct 09, 2026

REPLY to Respondents Response to Petitioners Petition for Writ of Habeas Corpus by Sebastien Denis Amedee. (Attachments: # 1 Exhibit Petitioner's Form I-589 Asylum Application Receipt Notice, # 2 Exhibit Petitioner's Marriage Certificate)(Chatterjee, Shantanu) Modified on 10/13/2026 (SEC). (Entered: 10/09/2026)

#9

Oct 09, 2026

EXHIBITS re 6 Response to Petition for Writ of Habeas Corpus - 2241 by Todd W. Blanche, Antone Moniz, Markwayne Mullin, Donald J. Trump, David Venturella, David Wesling. (Attachments: # 1 NTA 917, # 2 I-94 - 917) (EZG) (Entered: 10/09/2026)

#10

Oct 19, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re D. 1 PETITION for Writ of Habeas Corpus (2241).Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Sebastien Denis Amedee ("Petitioner"), D. 1, the government's response, D. 6; D. 9, and Petitioner's reply, D. 8, the Court DENIES the Petition.Factual Background. Petitioner is a native and citizen of Haiti. D. 1 ¶ 1. He "presented himself as an applicant for admission in Miami, Florida, on July 8, 2024," and was granted humanitarian parole under 8 U.S.C. § 1182(d)(5) on the same day. D. 6 at 1; see also D. 1 ¶ 1; D. 9-1; D. 9-2. On January 20, 2025, Petitioner filed an asylum application, which remains pending. D. 1 ¶ 1; D. 1-4. Petitioner's humanitarian parole has been terminated. D. 6 (stating parole "expired on July 7, 2026"); D. 9-1 (stating parole "was terminated by the Department of Homeland Security on or about June 12, 2025"). On September 24, 2026, Petitioner was detained by U.S. Immigration and Customs Enforcement ("ICE") while he was working as a sheet-metal delivery driver at Hanscom Air Force Base. D. 1 ¶ 2. That day, ICE issued and served Petitioner with an I-200 warrant for his arrest and a Notice to Appear ("NTA"). D. 9; D. 9-1. The NTA alleges Petitioner is an "arriving alien" and that he is inadmissible under 8 U.S.C. § 1182(a)(7)(A)(i)(I) for want of a valid entry document. D. 9-1 at 2, 4. Petitioner is detained at the Plymouth County Correctional Facility. D. 1 ¶ 3. Prior to his detention, Petitioner lived with his wife, sister, and brother in Braintree, Massachusetts. Id. ¶ 1. Petitioner contends primarily that his detention violates the Fifth Amendment's Due Process Clause. Id. ¶¶ 27-36; see also D. 8 at 7-13. He seeks a bond hearing before an immigration judge or his immediate release. D. 1 at 13. Discussion. This Court has jurisdiction over the Petition as it concerns relief that Petitioner seeks challenging his continued detention. Kong v. United States, 62 F.4th 608, 614 (1st Cir. 2023) (noting that "we have held that district courts retain jurisdiction over challenges to the legality of detention in the immigration context"). The parties agree that Petitioner was paroled pursuant to 8 U.S.C. § 1182(d)(5) and that his parole has been terminated. See D. 6; D. 8. Respondents argue that, because Petitioner was paroled pursuant to § 1182(d)(5), which "explicitly provides that upon termination of parole, the alien is to be replaced into the custody from which he was paroled," Luna Banegas v. McDonald, No. 25-cv-13161-NMG, 2025 WL 3251395, at *3 (D. Mass. Nov. 21, 2025), and because his parole has been terminated, Petitioner is subject to mandatory detention pursuant to § 1225(b)(2), D. 6 at 1-2. The Court agrees that Petitioner is subject to § 1225(b)(2) for the reasons it has explained in prior cases. See, e.g., Jean Louis v. Moniz, No. 26-cv-13394-DJC (D. Mass. Oct. 1, 2026), Dkt. No. 7; Norena Yepes v. Moniz, No. 26-cv-13250-DJC (D. Mass. Aug. 10, 2026), D. 8; Guaranda Macias v. Moniz, No. 26-cv-10677-DJC (D. Mass. Mar. 5, 2026), D. 8; see also Galicia v. Lyons, No. 26-cv-11468-FDS, 2026 WL 1847046, at *1 (D. Mass. June 26, 2026) (concluding that application of § 1225(b) to noncitizens whose humanitarian parole has been terminated "is clearly correct as a matter of statutory construction").In his reply, Petitioner does not meaningfully dispute that § 1225(b)(2) governs his detention. See D. 8. Instead, Petitioner argues the Due Process Clause entitles him to a bond hearing. Id. at 7-13. As the Court has explained, however, a detainee under § 1225 "has only those rights regarding admission that Congress has provided by statute," Dep't of Homeland Sec. v. Thuraissigiam, 591 U.S. 103, 140 (2020), and is not entitled to the same review afforded to a § 1226 detainee, "even though the [§ 1225] detainee may pose no danger to the community or flight risk, and the process may be as lengthy [as] the regular removal process," De Andrade v. Moniz, 802 F. Supp. 3d 325, 331 (D. Mass. 2025); see also, e.g., Guaranda Macias, No. 26-cv-10677-DJC, D. 8. Petitioner's present detention therefore does not violate the Due Process Clause, and he is not entitled to a bond hearing. Luna Banegas, 2025 WL 3251395, at *3 (noting that "[u]pon revocation of his humanitarian parole, petitioner was placed in custody pursuant to § 1225(b)(1) just as though he had been stopped at the border and [that] his due process rights … d[id] not include the right to a bond hearing"); see Galicia, 2026 WL 1847046, at *2-5 (discussing Supreme Court cases and concluding that petitioner's detention under § 1225(b)(2)(A) did not violate due process where "there is no clear indication or suggestion, in Supreme Court jurisprudence or otherwise, that such a finding [that this act of Congress is unconstitutional in these circumstances] is correct"). Accordingly, the Court DENIES the Petition, D.1. (EZG) (Entered: 10/19/2026)

#11

Oct 19, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (EZG) (Entered: 10/19/2026)

Oct 19, 2026

Order