District of Massachusetts • 1:26-cv-14775

#1

Oct 21, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12129058 Fee status: Filing Fee paid., filed by Greivin Josue Flores Garcia. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cross, Jeremy) (Entered: 10/21/2026)

#2

Oct 21, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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. (JAM) (Entered: 10/21/2026)

#3

Oct 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). (Currie, Haley) (Entered: 10/21/2026)

#4

Oct 21, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than October 28, 2026. (Currie, Haley) (Entered: 10/21/2026)

#5

Oct 21, 2026

Copies of the following were mailed to all respondents on 10/21/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 10/21/2026)

Oct 21, 2026

Copy Mailed

Oct 21, 2026

Notice of Case Assignment

#6

Oct 23, 2026

Notice of Appearance

#7

Oct 28, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Antone Moniz, Markwayne Mullin, Donald J Trump, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 10/28/2026)

#8

Oct 29, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Greivin Josue Flores Garcia, a citizen of Nicaragua who entered the United States in July 2024, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on October 21, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 22-23, 26-27. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on or around October 19, 2026. Id. ¶ 1. Flores Garcia remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id.The respondents argue that Flores Garcia is detained as an applicant for admission pursuant to 8 U.S.C. § 1225(b)(2) because his parole expired in June 2025. ECF 7, at 1. As the respondents recognize, however, this Court has already rejected similar arguments. ECF 7, at 2 (citing ECF 9, Francois v. Moniz, 26-cv-13955-JEK (D. Mass. Sep. 16, 2026)). In Francois, the Court held that the petitioner could not be detained under Section 1225(b)(2)(A) because he did not appear to be an “applicant for admission”—i.e., “[a]n alien present in the United States who has not been admitted.” 8 U.S.C. § 1225(a)(1); see id. § 1225(b)(2)(A) (indicating the statute applies only to “applicant[s] for admission”). The same reasoning applies here.As in Francois, the respondents’ response cites to other decisions of this Court involving allegedly similar claimed bases for detention, but almost all of those decisions involve detention under 8 U.S.C. § 1225(b)(1), not 8 U.S.C. § 1225(b)(2), the latter of which is the respondents’ claimed basis for detention here. See, e.g., Rincon v. Hyde, 810 F. Supp. 3d 101, 108 (D. Mass. 2025) (“Petitioner’s initial detention and expedited removal order were done pursuant to section 1225(b)(1).”); Souza v. Moniz, No. 25-cv-13334-MJJ, 2025 WL 4945686, at *2 (D. Mass. Dec. 1, 2025) (“Respondents contend that Mr. Alves de Souza is subject to mandatory detention under 8 U.S.C. § 1225(b)(1).”); Celestin v. Wesling, No. 26-cv-11249-NMG, 2026 WL 1031165, at *1 (D. Mass. Apr. 16, 2026) (“Respondent asserts that petitioner is detained pursuant to 8 U.S.C. § 1225(b)(1).”). The respondents have offered no argument for any assertion that Flores Garcia could be detained under Section 1225(b)(1).The respondents have, accordingly, failed to offer any cogent argument that Flores Garcia is subject to mandatory detention under any provision of Section 1225(b). The respondents concede that in Francois this Court held that “[b]ecause [the petitioner] was not on parole at the time of his detention, and he is apparently not [an] applicant for admission, the Court concludes that Section 1226(a), not Section 1225(b), governs his detention.” ECF 7, at 2 (citing ECF 9, Francois, 26-cv-13955). Noncitizens like Flores Garcia “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” dos Santos v. Noem, No. 25-cv-12052, 2025 WL 2370988, at *1 (D. Mass. Aug. 14, 2025). Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).For the foregoing reasons, Flores Garcia’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge’s decision on bond, stating whether Flores Garcia has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. (Currie, Haley) (Entered: 10/29/2026)

Oct 29, 2026

Order