District of Massachusetts • 1:26-cv-10337

#1

Jan 24, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11496556 Fee status: Filing Fee paid., filed by Mufundu Afonso Nzolana. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Qirici, Enxhi) (Entered: 01/24/2026)

#2

Jan 26, 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. (SP) (Entered: 01/26/2026)

#3

Jan 26, 2026

Order

#4

Jan 26, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Kristi L Noem, Pamela Bondi and U.S. Department of Homeland Security on 1/26/2026. (JAM) (Entered: 01/26/2026)

Jan 26, 2026

Copy Mailed

Jan 26, 2026

Notice of Case Assignment

#5

Feb 02, 2026

Notice of Appearance

#6

Feb 02, 2026

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

#7

Feb 04, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by U.S. Department of Homeland Security, Kristi Noem, Patricia Hyde, Todd Lyons, Pamela Bondi, Michael Krol, Antone Moniz. Petitioner Mufundu Afonso Nzolana is a native and citizen of Angola who has been living in the United States since April of 2023. He was detained by U.S. Immigration and Customs Enforcement ("ICE") in Portland, Maine, on December 7, 2025, and is held at Plymouth County Correctional Facility. Petitioner was served with a Notice to Appear (NTA) and placed in removal proceedings. His next Hearing is scheduled for February 6, 2026, at 2:30 PM at the Chelmsford Immigration Court. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Nzolanas 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 Mufundu Afonso Nzolana 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 2/11/26). (MZ) (Entered: 02/04/2026)

Feb 04, 2026

Order

#8

Feb 13, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered - Petitioner's counsel informs the court that, on February 6, 2026, the Immigration Judge granted Petitioner Mufundu Afonso Nzolana's bond request and he was released from detention. Accordingly, the Clerk will dismiss and close this case. (MZ) (Entered: 02/13/2026)

#9

Feb 13, 2026

Order Dismissing Case

Feb 13, 2026

Order