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Habeas Corpus - Alien Detainee | Massachusetts
Order ~Util - Set Deadlines
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court has reviewed the petition and the answer filed today, in which the respondents acknowledge that Petitioner is detained under 8 U.S.C. 1226(a) and is therefore eligible for a bond hearing. Doc. No. 7 . This concession was made on behalf of all respondents in this case and, therefore, is binding on ICE and the Departments of Homeland Security and Justice. The respondents further state that a bond hearing has already been scheduled for July 23, 2026. Id. In light of the foregoing, the Court ORDERS that the legal standard governing Petitioner’s bond hearing is as established by the First Circuit in Hernandez-Lara v. Lyons; that, in assessing whether the government has met its burden of proof as to flight or danger, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk(s); and that the respondents shall not retaliate against Petitioner for the filing of this action. The parties shall file a joint status report by Wednesday, July 29, 2026, notifying the Court of the outcome of the hearing and attaching a copy of any written decision by the immigration judge. The merits of the habeas petition remain under advisement pending receipt and review of that status report.(FGD)
The Court has reviewed the petition and the answer filed today, in which the respondents acknowledge that Petitioner is detained under 8 U.S.C. 1226(a) and is therefore eligible for a bond hearing. Doc. No. 7 . This concession was made on behalf of all respondents in this case and, therefore, is binding on ICE and the Departments of Homeland Security and Justice. The respondents further state that a bond hearing has already been scheduled for July 23, 2026. Id. In light of the foregoing, the Court ORDERS that the legal standard governing Petitioner’s bond hearing is as established by the First Circuit in Hernandez-Lara v. Lyons; that, in assessing whether the government has met its burden of proof as to flight or danger, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk(s); and that the respondents shall not retaliate against Petitioner for the filing of this action. The parties shall file a joint status report by Wednesday, July 29, 2026, notifying the Court of the outcome of the hearing and attaching a copy of any written decision by the immigration judge. The merits of the habeas petition remain under advisement pending receipt and review of that status report.
Habeas Corpus - Alien Detainee | Rhode Island
Status Report
STATUS REPORT by Todd Blanche, Patricia Hyde, Todd Lyons, Markwayne Mullin, US Department of Homeland Security. (Attachments: # 1 Exhibit 1)(Bolan, Kevin)
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