Terminated
Case Information
Filed: February 02, 2026
Assigned to:
Melissa R. Dubose
Referred to:
Patricia A. Sullivan
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Terminated: February 06, 2026
Last Activity:
February 06, 2026
Parties:
View All Parties →
Docket Entries
#1
Feb 02, 2026
PETITION for Writ of Habeas Corpus ( Filing fee $ 5.00 receipt number ARIDC-2238256.), filed by Tuan Hu Tu. (Attachments: # 1 Civil Cover Sheet)(Thorvaldsen, Kara) (Entered: 02/02/2026)
Main Document:
Petition for Writ of Habeas Corpus-New Case
#2
Feb 02, 2026
ORDER re: 1 PETITION for Writ of Habeas Corpus filed by Tuan Hu Tu. So Ordered by District Judge Melissa R. DuBose on 2/2/2026. (Gonzalez Gomez, Viviana) (Entered: 02/02/2026)
Main Document:
Order
#4
Feb 02, 2026
MOTION for Claire Maguire to Appear Pro Hac Vice ( filing fee paid $ 100.00, receipt number ARIDC-2238322 ) filed by Tuan Hu Tu. (Thorvaldsen, Kara) (Entered: 02/02/2026)
Main Document:
Appear Pro Hac Vice
Feb 02, 2026
Case assigned to District Judge Melissa R. DuBose and Magistrate Judge Patricia A. Sullivan. (Gonzalez Gomez, Viviana)
Feb 02, 2026
Order on Motion to Appear Pro Hac Vice
Feb 02, 2026
Case Assigned/Reassigned
Feb 02, 2026
TEXT ORDER: The Government is ordered to respond to Petition for Writ of Habeas Corpus (ECF No. 1 ) by Thursday, February 5, 2026 at 12:00 noon. So Ordered by District Judge Melissa R. DuBose on 2/2/2026. (Urizandi, Nissheneyra)
Feb 02, 2026
Order
Feb 02, 2026
TEXT ORDER granting 4 Motion to Appear Pro Hac Vice of Claire Maguire. So Ordered by District Judge Melissa R. DuBose on 2/2/2026. (Hill, Cherelle)
#5
Feb 03, 2026
NOTICE of Appearance by Dulce Donovan on behalf of Todd Lyons, David Wesling (Donovan, Dulce) (Entered: 02/03/2026)
Main Document:
Notice of Appearance
#6
Feb 05, 2026
Response in Opposition
Main Document:
Response in Opposition
Feb 05, 2026
Notice of Hearing on Motion
Feb 05, 2026
NOTICE of Hearing re 1 PETITION for Writ of Habeas Corpus: Hearing set for 2/6/2026 at 2:30 PM by Remote Hearing before District Judge Melissa R. DuBose. (Zoom Meeting ID: 161 302 6975, Passcode: 918358) (Urizandi, Nissheneyra)
#7
Feb 06, 2026
Reply Memorandum
Main Document:
Reply Memorandum
#8
Feb 06, 2026
Judgment
Main Document:
Judgment
Feb 06, 2026
Motion Hearing
Feb 06, 2026
Order on Petition for Writ of Habeas Corpus
Feb 06, 2026
TEXT ORDER: The Petitioner has filed a Petition for Writ of Habeas Corpus (ECF No. 1 ) arguing that his detention by immigration officials is unlawful. The Government responded that Petitioner's detention is lawful because a final order of removal is in place and he has only been detained since mid-December. There is no dispute in this case that ICE has not shown that it made an individualized determination that there was a change in Mr. Tu's circumstances such that there is a "significant likelihood that [he] may be removed in the reasonably foreseeable future." Kong v. United States, 62 F.4th 608, 619-20 (1st Cir. 2023); see 8 C.F.R. § 241.13. Therefore, the Petition for Writ of Habeas is GRANTED. The Court ORDERS the Government to release Mr. Tu TODAY (2/6/2026). Mr. Tu shall be released with the same conditions as those imposed in the order of supervision under which he was previously subject. So Ordered by District Judge Melissa R. DuBose on 2/6/2026. (Urizandi, Nissheneyra)
Feb 06, 2026
Minute Entry for proceedings held before District Judge Melissa R. DuBose: Hearing held on 2/6/2026 re 1 PETITION for Writ of Habeas Corpus. (K. Thorvaldsen, C. Maguire, D. Donovan) Arguments heard. The Court grant the Petition and orders the release of the petitioner. Order to follow. (Court Reporter Lisa Schwam in Courtroom Zoom at 2:30 PM) (Urizandi, Nissheneyra)
Parties
Lyons
Party
Tu
Party