District of Massachusetts • 1:26-cv-10300

#1

Jan 23, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11494007 Fee status: Filing Fee paid., filed by Laura Maria Guevara Peruano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) (Attachment 2 replaced on 1/23/2026) (CAM). (Entered: 01/23/2026)

#2

Jan 23, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (JAM) (Entered: 01/23/2026)

#3

Jan 23, 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). (FGD) (Entered: 01/23/2026)

#4

Jan 23, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVALResponse to petition due by close of business on Monday, January 26, 2026. (FGD) (Entered: 01/23/2026)

#5

Jan 23, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Pending resolution of this matter, the respondents shall ensure that the petitioner is provided with appropriate medical care, and she shall not be denied epilepsy medication in the absence of an evaluation by a licensed medical practitioner who concludes after the evaluation that such medication is not medically necessary.(FGD) (Entered: 01/23/2026)

#6

Jan 23, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition, 5 Order, sent to AUSA on duty via email and mailed to Respondents and USAO on 1/23/26. (FGD) (Entered: 01/23/2026)

Jan 23, 2026

Copy Mailed

Jan 23, 2026

Notice of Case Assignment

Jan 23, 2026

Order

#7

Jan 27, 2026

Notice of Appearance

#8

Jan 27, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On Friday 1/23/26, the Court issued two orders in this habeas petition. The first ordered a response to the petitioner by Monday 1/26/26. Doc. No. 4. The Court issued such a short deadline because Petitioner is a woman, alleges she is held at the Burlington ICE Office and numerous filings both from the government as well as various petitioners suggest that this Office is not a suitable place to detain a person. The Court also issued a second order. This Order required that “respondents shall ensure that the petitioner is provided with appropriate medical care, and she shall not be denied epilepsy medication in the absence of an evaluation by a licensed medical practitioner” concluding such medication is unnecessary. Doc. No. 5. These orders were sent to the duty AUSA, another AUSA and the standard email box for receipt of such initial filings by the USAO. Today, a different AUSA filed an appearance, but this AUSA has not yet filed a response. Given the health concerns raised by the foregoing circumstances, the Court will hold a zoom status conference with counsel at 3:30 p.m. today.( Status Conference set for 1/27/2026 03:30 PM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin.)(SED) (Entered: 01/27/2026)

#9

Jan 27, 2026

Response - not related to a motion

#10

Jan 27, 2026

Declaration

#11

Jan 27, 2026

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Status Conference held on 1/27/2026. The parties appear remotely. The Court goes over the pleadings filed by the parties. The Court hears from Counsel. Counsel for the respondents to send counsel for the petitioner information related to the medication. The Parties to file a Joint Status Report due by end of day Thursday 1/29/2026 as to the remaining issues and next steps. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Julia Ciachurski, Nicole M. O'Connor, and Rayford Farquhar) (SED) (Entered: 01/27/2026)

#12

Jan 27, 2026

STATUS REPORT by Todd Lyons, Kristi Noem, David Wesling. (O'Connor, Nicole) (Entered: 01/27/2026)

Jan 27, 2026

Status Conference AND ~Util - Set Deadlines

Jan 27, 2026

Order AND ~Util - Set Hearings

#13

Jan 30, 2026

Status Report

#14

Jan 30, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Petitioner, a citizen of Ecuador, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2241 on January 23, 2026, seeking her immediate release or a bond hearing pursuant to 8 U.S.C. 1226(a). Doc. No. 1. She was arrested by ICE in August 2025 and, until the day before she filed her habeas petition, was detained in a county jail in Maine. There, she received medications prescribed to her for severe epilepsy and two other medical conditions on a regular schedule. That facility also housed her in a way that mitigated risks arising from her epilepsyassigning her a bottom bunk, on the ground floor. On January 12, 2026, Petitioner was granted withholding of removal by an immigration judge.On January 22, ICE transferred Petitioner to a holding area in its Burlington, MA, office, where she was not given her prescribed medications. Around 12:30 PM on January 23, 2026, through counsel, Petitioner filed this habeas petition in which she described her epilepsy, its symptoms, and the respondents failure to provide necessary medical care. The petition also challenged her continued detention absent a bond hearing. Within an hour of the petitions filing, the Court issued an order prohibiting the respondents from transferring Petitioner outside Massachusetts without advance notice. Doc. No. 4. The Court concurrently ordered the respondents to ensure that the petitioner is provided with appropriate medical care, and that she shall not be denied epilepsy medication in the absence of an evaluation by a licensed medical practitioner. Doc. No. 5.The respondents were served with the petition, and with both of the Courts orders, promptly after the orders issued. Doc. No. 6. Counsel for the respondents subsequently confirmed that ICE was also notified of the Courts orders the day they were issued. Meanwhile, at some point on January 23the exact time is disputed and will be resolved after further proceedings in this matterICE transferred Petitioner to the South Louisiana ICE Processing Center. She remains there now.Initially, the respondents took the position that this Court lacked jurisdiction, claiming that Petitioner had departed Massachusetts an hour before the petition was filed. Doc. No. 9. Because this filing by the respondents was submitted a day late, and because it made no mention of Petitioners medical condition or the Courts order regarding medication, the Court held a status conference with counsel on Tuesday, January 27, 2026. Doc. No. 11. During that proceeding, Petitioners counsel contested the respondents representations regarding the timing of the flight to Louisiana, suggesting the plane had not departed until after the petition was filedand after the Courts order concerning transfer out of Massachusetts issued. As to the medication issue, the respondents counsel were unable to provide the Court with an update because their clients had not responded to their requests for information. The respondents counsel promised to ensure she was receiving her prescribed medications by the end of that day. The Court directed the parties to file a status report by January 29, 2026, regarding the medication and flight-timing issues.Late in the evening on January 27, the respondents filed a status report conveying ICEs assurance that Petitioner was receiving any and all medications prescribed. Doc. No. 12. This morning, in another tardy submission, the parties provided separate and different updates about both issuesmedication and flight timing. Though the respondents continue to assert that the flight to Louisiana likely left before the petition was filed, they now concede that this Court retains jurisdiction in this action, and they reiterate their concession that under reasoning this Court has adopted in numerous other cases Petitioner is at least entitled to a bond hearing. Doc. No. 13 at 1-2; cf. Vasquez v. Reno, 233 F.3d 688, 695 (1st Cir. 2000). In addition to the respondents concession of jurisdiction, the factual disputes concerning the timing of Petitioners departure from Massachusetts mean the Court now retains jurisdiction over this matter. Cf. Brownback v. King, 592 U.S. 209, 218-19 (2021) (noting federal court always has jurisdiction to determine its own jurisdiction).As to her medication, Petitioners counsel provides a detailed and troubling recitation of what has unfolded since Petitioners transfer out of Maine. She describes Petitioner having suffered multiple seizures each day, including one during her brief stay in Burlington that was so severe it required the assistance of emergency medical personnel. Doc. No. 13 at 2-3. She further alleges that Petitioner began receiving medication on Tuesday and Wednesday of this week, was given only one pill each day without being told which condition it treated, received the pill at irregular times, had not received any medication as of 5:30 PM yesterday, and had continued suffering seizures despite the unidentified medication. Id. Petitioner is also being denied other accommodations that would minimize the risk of harm in the event of seizures (and that she was provided while housed in Maine). Id. The respondents have not answered these serious allegations. See id. at 1 & n.1 (reiterating assurance that she was receiving all prescribed medications and noting counsel was currently following up with ICE for additional information).Given all of the foregoing, the Court concludes that the equities in this case do not warrant Petitioners ongoing detention pending resolution of her claims, because the record establishes that ICE has disregarded the needs arising from her epilepsydespite this Courts order addressing this very topicfor more than a week, since her transfer out of Maine. In light of her serious medical condition, this action presents one of those extraordinary circumstances where the petitioner must be released immediately, rather than remain detained pending a determination of the merits of the petition. See Jimenez v. Cronen, 317 F. Supp. 3d 626, 636 (D. Mass. 2018) (noting the equitable nature of habeas corpus means a court has the discretion to fashion relief that is fair in the circumstances, including to order an aliens release).Accordingly, the respondentswho chose to move Petitioner from Maine to Massachusetts and then to Louisiana, disrupting her access to necessary medical careare hereby ORDERED to fly Petitioner back to the District of Massachusetts at no cost to her and to release her from custody before 6:00 PM on February 2, 2026. See Mcdonald v. Francis, No. 25-cv-9355-JAV, 2025 WL 3295906, at *5 (S.D.N.Y. Nov. 26, 2025) (ordering similar relief and collecting cases). The respondents shall notify Petitioners counsel in this case of the travel arrangements, including the time and location of her anticipated arrival in Massachusetts. The respondents are further ORDEREDagainto ensure Petitioner is provided the prescribed medications identified by her counsel (Doc. No. 13 at 2) as having been provided to her for the duration of her detention by ICE in Maine, every day from now until she is released from their custody. Failure to provide her medication may result in a finding of contempt.The respondents shall file a status report by noon on February 3, 2026, confirming that they have returned Petitioner to Massachusetts and released her from custody. The Court intends to schedule further proceedings regarding the various issues presented by this case, including its jurisdiction and the merits of the petition. Every respondent in this case-and every facility and person involved in the care, custody, detention, housing, treatment, or transportation of Petitioner from January 22, 2026 until the time of her release-shall preserve all records, electronic and written, regarding the Petitioner.(SED) Modified on 1/30/2026: Updated docket text. (SED). (Entered: 01/30/2026)

Jan 30, 2026

Order

#15

Feb 03, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER Evidentiary Hearing set for 2/10/2026 10:00 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (SED) (Entered: 02/03/2026)

#16

Feb 03, 2026

STATUS REPORT by Todd Lyons, Kristi Noem, David Wesling. (O'Connor, Nicole) (Entered: 02/03/2026)

#17

Feb 05, 2026

MOTION for Extension of Time to February 9, 2026 at 4:30pm to File Sworn Declaration from ICE Representative (and accompanying records referenced therein) by Todd Lyons, Kristi Noem, David Wesling.(O'Connor, Nicole) (Entered: 02/05/2026)

#18

Feb 06, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 17 MOTION for Extension of Time to February 9, 2026 at 4:30pm to File Sworn Declaration from ICE Representative (and accompanying records referenced therein). ALLOWED to 2/9/26 at 3:30PM. (SED) (Entered: 02/06/2026)

#19

Feb 06, 2026

Sealed Document

Feb 06, 2026

Order on Motion for Extension of Time

#20

Feb 09, 2026

MOTION for Leave to File Certain Records Ex Parte / In Camera by Todd Lyons, Kristi Noem, David Wesling.(O'Connor, Nicole) (Entered: 02/09/2026)

#21

Feb 09, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 20 MOTION for Leave to File Certain Records Ex Parte / In Camera.ALLOWED. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 02/09/2026)

#23

Feb 09, 2026

AFFIDAVIT of Petitioner by Laura Maria Guevara Peruano. (Ciachurski, Julia) (Entered: 02/09/2026)

#24

Feb 09, 2026

AFFIDAVIT of Lia J. Newman by Laura Maria Guevara Peruano. (Attachments: # 1 Exhibit 1, Email to Boston ERO, # 2 Exhibit 2, Email to New Orleans ERO)(Ciachurski, Julia) (Entered: 02/09/2026)

Feb 09, 2026

Order on Motion to Seal

#25

Feb 10, 2026

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Evidentiary Hearing held on 2/10/2026. Counsel appear in person. The respondents call Brian E. Sullivan. The witness is sworn in. Direct and cross, the witness steps down. The Court hears from the parties. Petitioners counsel to submit additional documents related to the medication issue. Petitioner's filings due on February 24, 2026. The response is to be filed by March 10, 2026. Any reply is to be filed by March 17, 2026. (Court Reporter: Jamie Halpin at jkhhalpin@gmail.com.)(Attorneys present: Julia Ciachurski, Irene Freidel, and Nicole M. O'Connor) (SED) (Entered: 02/10/2026)

Feb 10, 2026

Evidentiary Hearing

#26

Feb 11, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER Evidentiary Hearing set for 2/13/2026 09:30 AM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (SED) (Entered: 02/11/2026)

#27

Feb 12, 2026

Sealed Document

#28

Feb 12, 2026

SEALED SECOND SUPPLEMENTAL RESPONSE TO COURT ORDER. (Attachments: # 1 Exhibit 6). (FGD) (Entered: 02/13/2026)

#29

Feb 13, 2026

NOTICE of Appearance by Rayford A. Farquhar on behalf of Todd Lyons, Kristi Noem, David Wesling (Farquhar, Rayford) (Entered: 02/13/2026)

#30

Feb 13, 2026

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Evidentiary Hearing held on 2/13/2026. The Court hears from the parties. The Government calls Lucero Saldana Mistry. The witness is sworn in. Direct and cross. The witness steps down. The government calls Alexandra Wolff. The witness is sworn in. Direct and cross. The witness steps down. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Julia Ciachurski, Irene Freidel, Nicole M. O'Connor and Rayford A. Farquhar) (SED) (Entered: 02/13/2026)

Feb 13, 2026

Evidentiary Hearing