District of Massachusetts • 1:26-cv-10283

#1

Jan 22, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11492422 Fee status: Filing Fee paid., filed by Nehemias Perez Ajquiy. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(McHugh, Samantha) (Entered: 01/22/2026)

#2

Jan 23, 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 Paul G. Levenson. (CM) (Entered: 01/23/2026)

#3

Jan 23, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 01/23/2026)

#4

Jan 23, 2026

Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241) mailed to David Wesling, Todd M Lyons, Michael Krol and Kristi L. Noem on 1/23/2026. (JAM) (Entered: 01/23/2026)

Jan 23, 2026

Notice of Case Assignment

Jan 23, 2026

Copy Mailed

#5

Jan 29, 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 Lyons, Michael Krol. Petitioner Nehemias Perez Ajquiy is a native and citizen of Guatemala who entered the United States without detection on January 4, 2022. Perez Ajquiy was picked up by U.S. Immigration and Customs Enforcement ("ICE") in Windham, Maine, on January 21, 2026. The petition fails to state where Perez Ajquiy is detained. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Nehemias Perez Ajquiy's 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 identify where petitioner Nehemias Perez Ajquiy is held and, if within Massachusetts, to facilitate a bond hearing for him 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 11, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered - Counsel has informed the court that petitioner has posted bond and will be released today. Accordingly, the Clerk may dismiss this case and close it.(MZ) (Entered: 02/11/2026)

Feb 11, 2026

Order