District of Massachusetts • 1:26-cv-10544

Elias-Batista v. Moniz

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Case Information

Filed: February 03, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: February 09, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 03, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11522460 Fee status: Filing Fee paid., filed by Luciano Elias-Batista. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Qirici, Enxhi) (Entered: 02/03/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 04, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Jennifer C. Boal. (JKK) (Entered: 02/04/2026)
#3
Feb 04, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 02/04/2026)
Main Document: Service Order-2241 Petition
#4
Feb 04, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Anuj Khetarpal, Rayford Farquhar, and USAMA Civil Process on 2/4/2026 at 9:39 AM and mailed to All respondents (CEH) (Entered: 02/04/2026)
#5
Feb 04, 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). (CEH) (Entered: 02/04/2026)
Main Document: General Order 19-02
#6
Feb 04, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 02/04/2026)
Main Document: Order
Feb 04, 2026
Notice of Case Assignment
Feb 04, 2026
Copy Mailed
#7
Feb 05, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Feb 09, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi Noem, U.S. Department of Homeland Security. (Canzoneri, Julian) (Entered: 02/09/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Feb 09, 2026
District Judge Angel Kelley: ELECTRONIC ORDER GRANTING Petitioner's Petition for Writ of Habeas Corpus [Dkt. 1]. Before the Court is Petitioner Luciano Elias-Batista's Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Amaya Sanchez v. Moniz, [No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10]]" and "[s]hould the Court follow its reasoning in Amaya Sanchez, it would reach the same result here." [Dkt. 8]. In Amaya Sanchez the 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). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar 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). The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 02/09/2026)
Feb 09, 2026
Order