District of Massachusetts • 1:26-cv-10454

#1

Jan 29, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11509138 Fee status: Filing Fee paid., filed by Marvin Daniel Veliz Romero. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Murray, Sheri) (Entered: 01/29/2026)

#2

Jan 29, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (CEH) (Entered: 01/29/2026)

#3

Jan 29, 2026

Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than February 12, 2026. (CAM) (Entered: 01/29/2026)

#4

Jan 29, 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). (CAM) (Entered: 01/29/2026)

#5

Jan 29, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to Duty AUSA Yen and mailed to Respondents on 1/29/2026. (CAM) (Entered: 01/29/2026)

Jan 29, 2026

Notice of Case Assignment

Jan 29, 2026

Copy Mailed

#6

Feb 05, 2026

Notice of Appearance

#7

Feb 11, 2026

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

#8

Feb 11, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Marvin Daniel Veliz Romero’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents acknowledge that “the legal issues raised in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 7 at 1]. In that case, this Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 7 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 days of this order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.In addition, Respondents shall SHOW CAUSE within 10 days of this order why Petitioner is not entitled to an award of reasonable fees and costs as a “prevailing party” under the Equal Access to Justice Act, 28 U.S.C. § 2412. See [ECF No. 1 at 17 (requesting such an award)]. Petitioner may respond to Respondents’ submission within 10 days of its filing and shall include with his response an itemization of the fees and costs he seeks. Respondents may reply within 7 days of Petitioner’s submission and may include in their reply any objection to the reasonableness or basis of the amount(s) requested. (CAM) (Entered: 02/11/2026)

Feb 11, 2026

Order AND ~Util - Set Deadlines