District of Massachusetts • 1:26-cv-10275

Mbemba v. Moniz

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Case Information

Filed: January 22, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: March 12, 2026
Parties: View All Parties →

Docket Entries

#1
Jan 22, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11491808 Fee status: Filing Fee paid., filed by Joao Mbemba. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Qirici, Enxhi) (Entered: 01/22/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jan 22, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Jessica D. Hedges. (NMC) (Entered: 01/22/2026)
#3
Jan 22, 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). (CEH) (Entered: 01/22/2026)
Main Document: General Order 19-02
#4
Jan 22, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 01/22/2026)
Main Document: Order
#5
Jan 22, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#6
Jan 22, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to AUSA Shawna Yen, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 1/22/2026 at 4:28 PM and mailed to All Respondents (CEH) (Entered: 01/22/2026)
Jan 22, 2026
Notice of Case Assignment
Jan 22, 2026
Copy Mailed
#7
Jan 27, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Jan 27, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Feb 24, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Joao Mbemba’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in De Melo Leite v. Moniz, 25-cv-13664 (D. Mass. Dec. 30, 2025) [Dkt. 13]" and "[s]hould the Court follow its reasoning in De Melo Leite, it would reach the same result here." [Dkt. 8]. In De Melo Leite, this Court held that a non-citizen paroled under 8 U.S.C. § 1226(a) and arrested and detained within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in De Melo Leite. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 02/24/2026)
Feb 24, 2026
Order
#10
Mar 02, 2026
Status Report
Main Document: Status Report
#11
Mar 03, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On 2/24/26 this Court GRANTED Petitioner’s Habeas Petition. [Dkt. 9]. On 3/2/26, Respondents provided a Status Report indicating that Petitioner was released on bond on 2/27/26. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit.(CEH) (Entered: 03/03/2026)
Mar 03, 2026
Order
#12
Mar 12, 2026
Order Dismissing Case
Main Document: Order Dismissing Case