District of Massachusetts • 1:26-cv-10263

#1

Jan 22, 2026

First PETITION for Writ of Habeas Corpus (2241) and MOTION for Temporary Restraining Order Filing fee: $ 5, receipt number AMADC-11490508 Fee status: Filing Fee paid., filed by Rumaldo Ismael Fuentes De Leon. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(MacMurray, Kevin) Modified on 1/22/2026: Updated docket text. (FGD) (Entered: 01/22/2026)

#2

Jan 22, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Donald L. Cabell. (NMC) (Entered: 01/22/2026)

#3

Jan 22, 2026

Order

#4

Jan 22, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to David Wesling, Todd M Lyons, Patricia Hyde, Pamela Bondi and Kristi L. Noem on 1/22/2026. (JAM) (Entered: 01/22/2026)

Jan 22, 2026

Notice of Case Assignment

Jan 22, 2026

Copy Mailed

#5

Jan 28, 2026

Notice of Appearance

#6

Jan 29, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#7

Jan 30, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by David Wesling, Kristi Noem, Todd M Lyons, Patricia Hyde, Pamela Bondi.Petitioner Rumaldo Ismael Fuentes De Leon was picked up by U.S. Immigration and Customs Enforcement ("ICE") in Lynn, Massachusetts on January 21, 2026, and is believed to be detained at the ICE facility in Burlington, Massachusetts. However, Fuentes De Leons name does not appear in the ICE Online Detainee Locator System. Fuentes De Leon has resided in the United States since March 24, 2008, and has had a pending asylum application (Form I-589) since March 29, 2017. Petitioners criminal history is limited to two minor motor-vehicle offenses for driving without a license. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Fuentes De Leons detention, and that the due process clause provides petitioner only those rights conferred by statute. However, the court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Rumaldo Ismael Fuentes De Leon before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than seven days from the date of this Order (by 2/6/26). (MZ) (Entered: 01/30/2026)

Jan 30, 2026

Order

#8

Feb 07, 2026

Status Report

#9

Feb 09, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Status Report filed by David Wesling, Kristi Noem, Todd M Lyons, Patricia Hyde. The government reports that petitioner was granted bond and released from detention on January 6, 2025. The Clerk may dismiss and close this case. (MZ) (Entered: 02/09/2026)

#10

Feb 09, 2026

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 02/09/2026)

Feb 09, 2026

Order