District of Massachusetts • 1:25-cv-12365

#1

Aug 26, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11197315 Fee status: Filing Fee paid., filed by Mirian Ximena Abarca Tixe. (Attachments: # 1 Exhibit 1 - Motion to Allow Late Filing with Affidavit of Prior Counsel; and, BIA Decision Dismissing Appeal, # 2 Exhibit 2 - Report of Labor Trafficking to Department of Labor and I-914 and I-912 Receipts, # 3 Exhibit 3 - Motion to Reopen Filings, # 4 Category Form, # 5 Civil Cover Sheet)(Shaw, Elizabeth) Modified on 8/26/2025: to edit docket text (EZG). (Entered: 08/26/2025)

#2

Aug 26, 2025

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 M. Page Kelley. (SP) (Entered: 08/26/2025)

#3

Aug 26, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (EZG) (Entered: 08/26/2025)

#4

Aug 26, 2025

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 08/26/2025)

#5

Aug 26, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition sent by email to AUSA on duty and mailed to USAO and Respondents on 8/26/25. (FGD) (Entered: 08/26/2025)

Aug 26, 2025

Copy Mailed

Aug 26, 2025

Notice of Case Assignment

#6

Aug 29, 2025

Notice of Appearance

#7

Aug 29, 2025

Notice of Appearance

#8

Aug 29, 2025

Notice - Other

#9

Sep 09, 2025

RESPONSE/ANSWER to Petitioner's Petition for Writ of Habeas Corpus 5 Copy Mailed by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 09/09/2025)

#10

Sep 16, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE. This case is related to 25-cv-11713-GAO under Local Rule 40.1(g). The government alerted the Court of the relatedness issue in its response to the Petition. In light of the provisions of the Local Rule governing the assignment of related cases and pursuant to subsections (i) and (j) of that rule, the Court hereby orders the transfer of this case to Judge O’Toole with his consent.(FGD) (Entered: 09/16/2025)

Sep 16, 2025

Order Reassigning Case

#11

Sep 17, 2025

ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr 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 M. Page Kelley. (JAM) (Entered: 09/17/2025)

Sep 17, 2025

Notice of Case Assignment

#12

Sep 23, 2025

Response - not related to a motion

#13

Sep 23, 2025

Amended Document - NOT Motion

#14

Oct 13, 2025

Temporary Restraining Order

#15

Oct 13, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Motion for TRO remains under advisement. Pending a response to the Motion and further order by the assigned Judge.Respondents and all persons acting in active concert or participation with them shall immediately cease and desist from transferring, removing, or deporting Petitioner from the Port Isabel Detention Center, TX, or any other facility. None of the forging shall remove Petitioner from the United States. Respondents shall file a response to the Motion no later than Tuesday October 14, 2025 explaining the basis for moving Petitioner, the location of Petitioner and anything else respondents wish to address. No bond required. (CM) (Entered: 10/13/2025)

Oct 13, 2025

1 - Terminate Scheduling Order Deadlines AND Order

#16

Oct 14, 2025

Opposition re 14 Emergency MOTION for Temporary Restraining Order filed by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem. (Sauter, Mark) (Entered: 10/14/2025)

#17

Oct 14, 2025

Memorandum in Support of Motion

#18

Oct 21, 2025

Notice - Other

#19

Oct 21, 2025

Notice - Other

Oct 21, 2025

Notice - Other

#20

Oct 22, 2025

Judge George A. OToole, Jr: ORDER entered. OPINION AND ORDER. The government is ordered to immediately return the petitioner to a proper facility located within the District of Massachusetts. Further, the government shall notify the Court of the petitioners return with a written filing on the docket in this proceeding.It is SO ORDERED. (FGD)

#21

Oct 24, 2025

Exhibit 1

#22

Oct 24, 2025

Opposition to Motion

#23

Oct 27, 2025

Judge George A. OToole, Jr: ELECTRONIC ORDER entered DENYING 21 MOTION to Modify This Court's Order. (FGD) (Entered: 10/27/2025)

Oct 27, 2025

Order on Motion for Modification

#24

Oct 28, 2025

MOTION to Intervene by Mirian Ximena Abarca Tixe.(Shaw, Elizabeth) (Entered: 10/28/2025)

#25

Oct 28, 2025

Withdrawal of motion: 24 MOTION to Intervene filed by Mirian Ximena Abarca Tixe.. (Shaw, Elizabeth) (Entered: 10/28/2025)

#26

Oct 29, 2025

STATUS REPORT Pertaining to the Court's October 22, 2025, Order by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem. (Attachments: # 1 Exhibit 1)(Farquhar, Rayford) (Entered: 10/29/2025)

#27

Oct 30, 2025

ELECTRONIC NOTICE of Hearing. Telephone Status Conference set for 11/3/2025 02:00 PM in Remote Proceeding : Boston before Judge George A. O'Toole Jr.. Call-in number is 1-650-479-3207; Access Code: 23147192987. (JMF) (Entered: 10/30/2025)

Oct 30, 2025

Notice of Hearing

#28

Oct 31, 2025

STATUS REPORT by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem. (Sauter, Mark) (Entered: 10/31/2025)

#29

Nov 03, 2025

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole, Jr: Telephone Status Conference held on 11/3/2025. Counsel for Petitioner and Respondent present. Deadlines and scheduling discussed. Briefs due by 1PM on 11/5/2025. Final Hearing on the Merits set for 11/6/2025 02:00 PM in Courtroom 22 (In person only) before Judge George A. O'Toole Jr.. (Court Reporter: Kristin Kelley at kmob929@gmail.com.) (Attorneys present: E. Shaw for the Petitioner; M. Sauter for the Respondent.) (JMF) (Entered: 11/03/2025)

#30

Nov 03, 2025

ELECTRONIC NOTICE of Hearing. Hearing on the Merits set for 11/6/2025 02:00 PM in Courtroom 22 (In person only) before Judge George A. OToole Jr.. (JMF) (Entered: 11/03/2025)

Nov 03, 2025

Notice of Hearing

Nov 03, 2025

Telephone Conference

#31

Nov 05, 2025

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241),, (Supplemental Opposition) by Patricia Hyde, Michael Krol, Todd Lyons, Kristi Noem. (Sauter, Mark) (Entered: 11/05/2025)

#32

Nov 05, 2025

MEMORANDUM OF LAW by Mirian Ximena Abarca Tixe in Support. (Shaw, Elizabeth) (Entered: 11/05/2025)

#33

Nov 06, 2025

Notice of Withdrawal of Appearance

#34

Nov 06, 2025

Electronic Clerk's Notes for proceedings held before Judge George A. O'Toole, Jr: Hearing on the Merits held on 11/6/2025. Petitioner, Counsel, AUSA and interpreter present. Interpreter sworn. Arguments held. The application for a writ of habeas corpus is GRANTED insofar as it challenges the conditions of the petitioner's detention at the Burlington, Massachusetts, facility. Respondent Patricia Hyde, Acting Director of the New England Field Office of U.S. Immigration and Customs Enforcement, is therefore ORDERED to release the petitioner from her confinement immediately. Order to follow. (Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com.) ( Interpreter name: Laura Rocha Nakazawa, Language: Spanish. (Attorneys present: E. Shaw for the Petitioner; M. Sauter for the Respondent.) (JMF). (Entered: 11/06/2025)

#35

Nov 06, 2025

Judge George A. OToole, Jr: ELECTRONIC ORDER entered. The application for a writ of habeas corpus is GRANTED insofar as it challenges the conditions of the petitioner’s detention at the Burlington, Massachusetts, facility. That relief is “independent of challenges to [the petitioner’s] removal orders.” See Hernandez v. Gonzales, 424 F.3d 42, 42 (1st Cir. 2005) (citation omitted); see also Aguilar v. U.S. Immigr. & Customs Enf’t, 510 F.3d 1, 12 (1st Cir. 2007) (citing Hernandez and assuming without deciding “that claims challenging the conditions of an alien’s detention are independent of removal proceedings”). Respondent Patricia Hyde, Acting Director of the New England Field Office of U.S. Immigration and Customs Enforcement, is therefore ORDERED to release the petitioner from her confinement immediately. Other conditions of custody are not within this Court’s jurisdiction. All prior orders in this case are hereby VACATED.It is SO ORDERED.(FGD) (Entered: 11/06/2025)

#36

Nov 06, 2025

Judge George A. OToole, Jr: ORDER entered. ORDER DISMISSING CASE. (FGD) (Entered: 11/06/2025)

Nov 06, 2025

Hearing - Other

Nov 06, 2025

Order