District of Massachusetts • 1:26-cv-10421

#1

Jan 27, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11503974 Fee status: Filing Fee paid., filed by Agostinho Miguel Luyindula. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1, Notice to Appear)(Nader, Eliana) (Entered: 01/27/2026)

#2

Jan 28, 2026

Judge Myong J. Joun: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL ORDER entered. (PK) (Entered: 01/28/2026)

#3

Jan 28, 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 Jessica D. Hedges. (LBO) (Entered: 01/28/2026)

#4

Jan 28, 2026

Order

#5

Jan 28, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 4 Order mailed to Todd M Lyons, Kristi L. Noem, Sirce Owen, Pamela Bondi and Patricia Hyde on 1/28/2026. (JAM) (Entered: 01/28/2026)

Jan 28, 2026

Notice of Case Assignment

Jan 28, 2026

Copy Mailed

#6

Feb 03, 2026

Notice of Appearance

#7

Feb 03, 2026

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

#8

Feb 04, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Sirce Owen, Pamela Bondi. Petitioner Agostinho Miguel Luyindula is a thirty-one-year-old native and citizen of Angola who has been living in the United States since August 5, 2023. Luyindula was detained by U.S. Immigration and Customs Enforcement ("ICE") in Portland, Maine, on January 23, 2026. The petition fails to state where Luyindula is currently detained because the ICE locator online system fails to list it. Agostinho has a pending asylum case with the Chelmsford Immigration Court, has a scheduled merits hearing on December 1, 2027, and has made all Immigration Court appearances. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Luyindula 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 Agostinho Miguel Luyindula 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 2/11/26). (MZ) (Entered: 02/04/2026)

Feb 04, 2026

Order

#9

Feb 13, 2026

STATUS REPORT by Pamela Bondi, Patricia Hyde, Todd M Lyons, Kristi L. Noem, Sirce Owen. (Canzoneri, Julian) (Entered: 02/13/2026)

#10

Feb 13, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered - re 9 Status Report filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Sirce Owen, Pamela Bondi. As the government reports that the Immigration court granted bond to Petitioner Agostinho Miguel Luyindula on February 11, 2026, the Clerk can dismiss and close this case. (MZ) (Entered: 02/13/2026)

#11

Feb 13, 2026

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (NMC) (Entered: 02/13/2026)

Feb 13, 2026

Order