District of Massachusetts • 1:26-cv-14809

#1

Oct 23, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12135125 Fee status: Filing Fee paid., filed by Silas Miqueas Godinez Figueroa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Hurvich, Carl) (Entered: 10/23/2026)

#2

Oct 23, 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 Jennifer C. Boal. (CAM) (Entered: 10/23/2026)

#3

Oct 23, 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: 10/23/2026)

#4

Oct 23, 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 30, 2026. (Currie, Haley) (Entered: 10/23/2026)

#5

Oct 23, 2026

Copies of the following were mailed to all respondents on 10/23/2026: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 10/23/2026)

Oct 23, 2026

Copy Mailed

Oct 23, 2026

Notice of Case Assignment

#6

Oct 29, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling (Sauter, Mark) (Entered: 10/29/2026)

#7

Oct 30, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 10/30/2026)

#8

Oct 30, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Silas Miqueas Godinez Figueroa, a citizen of Guatemala who entered the United States over twenty years ago, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on October 23, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 12, 19-20. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on October 23, 2026. Id. ¶ 1. Godinez Figueroa remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id.The respondents acknowledge the Court’s recent decision in Rodrigues da Silva v. U.S. Department of Homeland Security, No. 26-cv-13854-JEK (D. Mass. Aug. 25, 2026). ECF 7, at 3-4. In that case, the respondents did not dispute that petitioner was detained under 8 U.S.C. § 1226 and was therefore entitled a bond hearing pursuant to Section 1226(a). ECF 8, Rodrigues da Silva, No. 26-cv-13854. Noncitizens “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.” Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 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).The Court held in Rodrigues da Silva that the petitioner was not required to exhaust administrative remedies. Exhaustion may be excused where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Godinez Figueroa would receive a bond hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Godinez Figueroa, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Godinez Figueroa is therefore entitled to a bond hearing, as the respondents admit. ECF 7, at 3.The Court notes that Godinez Figueroa contends his arrest was unlawful. ECF 1, ¶¶ 21-24. The Court is satisfied that the respondents produced the Form I-200, Warrant for Arrest of Alien, dated the same day as his arrest. See ECF 7-1.For the foregoing reasons, Godinez Figueroa’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 constitutionally compliant 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 Godinez Figueroa has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether she 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: 10/30/2026)

Oct 30, 2026

Order