Case Activity (737)

1. Order | Filed: July 20, 2026 | Entered: July 20, 2026 Orellana Zaldivar v. Moniz et al

   Habeas Corpus - Alien Detainee | Massachusetts

   Order

   Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Calix A Orellana Zaldivar. Having reviewed the petition for habeas relief under 28 U.S.C. § 2241 (the "Petition") filed by Petitioner Calix Antonio Orellana Zaldivar ("Petitioner"), D. 1, and Respondents' response to same, D. 7, the Court ALLOWS the Petition to the following extent. Respondents submit that this Court's decisions in Dias de Carvalho v. Hyde, 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14, and Da Silva v. Bondi, No. 25-cv-12672, 2025 WL 2969163, at *2 (D. Mass. Oct. 21, 2025), are likely dispositive here. See D. 7 at 1. Consistent with this Court's prior rulings, including and not limited to Dias de Carvalho and Da Silva, the Court agrees with Petitioner that his custody is governed by 8 U.S.C. § 1226(a) (which allows for discretionary determinations 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 Jennings v. Rodriguez, 583 U.S. 281, 289 (2018) (discussing the distinction). Thus, the Court concludes that Petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a). See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226 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, D. 1, insofar as it sought a bond hearing/individualized 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)

2. Order | Filed: July 20, 2026 | Entered: July 20, 2026 Orellana Zaldivar v. Moniz et al

   Habeas Corpus - Alien Detainee | Massachusetts

   Order on Motion for Extension of Time to File Response/Reply

   Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 8 MOTION for Extension of Time. The Court ALLOWS Respondents' motion for extension of time to file its response to the Petition until July 13, 2026 nunc pro tunc. (SEC)

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