District of Massachusetts • 1:26-cv-10440

#1

Jan 28, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11506245 Fee status: Filing Fee paid., filed by Elias Gonzalez Perez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Gagarin, Kira) (Attachment 1 replaced on 1/28/2026) (FGD). (Entered: 01/28/2026)

#2

Jan 28, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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)

#3

Jan 28, 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). (SP) (Entered: 01/28/2026)

#4

Jan 28, 2026

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than February 2, 2026.(SP) (Entered: 01/28/2026)

Jan 28, 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 02, 2026

Notice - Other

#8

Feb 02, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Respondents acknowledge that the legal issues presented in this petition are similar to those addressed in Alves De Souza Moniz, et al., No. 25-cv 1 13334-MJJ, Dkt. No. 12 (D. Mass. Dec. 1, 2025) and Alsaheb v. Moniz, et al., No. 25-cv-13422- MJJ, Dkt. No. 9 (D. Mass. Dec. 2, 2025). Doc. No. 6 at 1. I incorporate by reference the reasoning in my Orders granting bond in each of those cases, and find that Mr. Elias Gonzalez Perez (“Petitioner”) is detained pursuant to 8 U.S.C. § 1225(b) but that his return to detention without the opportunity for bond violates the Fifth Amendment’s Due Process Clause. The Petition for Writ of Habeas is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing within 10 days of this Order. The Respondents are further ORDERED to file a status report within 24 hours of the bond hearing, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(SP) (Entered: 02/02/2026)

Feb 02, 2026

Order

#9

Feb 13, 2026

MOTION for Temporary Restraining Order by Elias Gonzalez Perez. (Attachments: # 1 Exhibit Call in Letter for Elias 2022, # 2 Exhibit Arrest Narrative for someone in same group, # 3 Exhibit Petitioner's Valid EAD)(Gagarin, Kira) (Entered: 02/13/2026)

#10

Feb 13, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered re 9 Motion for Temporary Restraining Order. On 2/2/26, I granted the petition for Writ of Habeas Corpus in this matter and entered an Order directing Respondents to provide Petitioner with a bond hearing within 10 days. Petitioner has now filed a Motion for Temporary Restraining Order, Doc. No. 9, seeking his immediate release because Respondents have failed to comply with my 2/2/26 Order by not providing him with a bond hearing as ordered. In fact, Petitioner states that the matter has not even been docketed in immigration court, evidenced by the search result of “no case found for this A Number” in the Executive Office for Immigration Review online system.Petitioner’s motion is GRANTED as follows. Respondents are ORDERED to release Petitioner immediately, without prejudice to scheduling a bond hearing as previously ordered. Immediate release shall mean that Respondents are to transport Petitioner from his current location to the District of Massachusetts within the next 24 hours, at no cost to him, and shall then release Petitioner from custody/detention within 1 hour of his arrival in Massachusetts. Respondents shall file a status report describing their compliance with this Order and are FURTHER ORDERED to SHOW CAUSE why they should not be held in contempt for failure to comply with the Court’s 2/2/26 Order no later than by end of business day on 2/16/26.(SKY) (Entered: 02/13/2026)

#11

Feb 13, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Kristi L. Noem. (Khetarpal, Anuj) (Entered: 02/13/2026)

Feb 13, 2026

Order on Motion for TRO