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

#9

Feb 17, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On February 11, 2026, the Court ordered Respondents to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a), [ECF No. 8 ], based on Respondents’ representation that this petition raised issues similar to those addressed by the Court in Morales v. Plymouth Correctional Facility, No. 25-cv-12602, [ECF No. 7 ]. Upon further review of the petition, however, it appears that Petitioner has already received a bond hearing and is currently appealing the denial of bond to the Board of Immigration Appeals, [ECF No. 1 ¶¶ 44–46]; and that, in this action, he seeks immediate release, not a bond hearing, [ECF No. 1 at 17]. Accordingly, the Court VACATES its prior order, [ECF No. 8 ], requiring Respondents to provide Petitioner with a bond hearing. Respondents are ORDERED to file a response that addresses the merits of the arguments in the petition by February 27, 2026. (CAM) (Entered: 02/17/2026)

Feb 17, 2026

Order

#10

Feb 27, 2026

Response - not related to a motion

#11

Mar 16, 2026

ELECTRONIC NOTICE of Hearing. Status Conference set for 3/25/2026 01:00 PM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (KF) (Entered: 03/16/2026)

Mar 16, 2026

Notice of Hearing

#12

Mar 17, 2026

ELECTRONIC NOTICE OF RESCHEDULING. Status Conference set for 3/25/2026 09:30 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. NOTICE IS FOR TIME CHANGE ONLY. (KF) (Entered: 03/17/2026)

Mar 17, 2026

Notice of Rescheduling

#13

Mar 25, 2026

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 3/25/2026. Colloquy re: bond hearing. Court will order a new bond hearing. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Murray, O'Connor) (KF) (Entered: 03/25/2026)

#14

Mar 25, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondents argue that Petitioner Marvin Daniel Veliz Romero is subject to mandatory detention under 8 U.S.C. § 1225(b)(2), but acknowledge that, under this Court’s precedent, Petitioner is detained under 8 U.S.C. § 1226(a). [ECF No. 10 ]. They submit that, if the Court deems that Petitioner’s appeal of his denial of bond to the BIA would be futile, “the appropriate relief is for the Court to order a bond hearing pursuant to Section 1226(a).” [Id. at 5]. The Court will not require Petitioner to exhaust his administrative remedies before considering his habeas petition. In their appeal to the BIA, Respondents have taken the position that the immigration judge lacked jurisdiction over Petitioner’s bond proceedings because Petitioner was subject to mandatory detention under 8 U.S.C. § 1225(b), [ECF No. 10 at 2], meaning that Petitioner’s appeal to the BIA is likely futile.Accordingly, Petitioner’s petition, [ECF No. 1 ], is GRANTED IN PART. 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.(CAM) (Entered: 03/25/2026)

Mar 25, 2026

Status Conference

Mar 25, 2026

Order AND ~Util - Set Deadlines

#15

Mar 31, 2026

Status Report

#16

Apr 01, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On March 3, 2026, the Court granted in part Petitioner's habeas petition and ordered that he receive a bond hearing. [ECF No. 14 ]. The government's status report, [ECF No. 15 ], states that Petitioner was provided with a bond hearing and denied release on bond. Because Petitioner has received all the relief to which he is entitled, this action is dismissed without prejudice. (CAM) (Entered: 04/01/2026)

#17

Apr 01, 2026

Order Dismissing Case

Apr 01, 2026

Order