District of Massachusetts • 1:25-cv-12546

#1

Sep 11, 2025

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11232998 Fee status: Filing Fee paid., filed by Binh Van Tran. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Exhibit Exhibit 1)(Ho, Thao) (Entered: 09/11/2025)

#2

Sep 11, 2025

Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL.(CM) (Entered: 09/11/2025)

#3

Sep 12, 2025

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. (CM) (Entered: 09/12/2025)

#4

Sep 12, 2025

Service Order-2241 Petition

#5

Sep 12, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition sent to Duty AUSA by via email and mailed to USAO and Respondents on 9/12/2025. (CAM) (Entered: 09/12/2025)

#6

Sep 12, 2025

General Order 19-02

Sep 12, 2025

Notice of Case Assignment

Sep 12, 2025

Copy Mailed

#7

Sep 15, 2025

Notice of Appearance

#8

Sep 19, 2025

Notice - Other

#9

Sep 22, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 8 Motion to transfer petition to the Western District of New York. (CAM) (Entered: 09/22/2025)

#10

Sep 22, 2025

Case transferred to to District of New York, Western;. Case file sent electronically to Clerk in that district. (CAM) (Entered: 09/22/2025)

#11

Sep 22, 2025

Electronic notice to counsel: This civil action has been transferred to the U.S. District Court and assigned civil case number 6:25-cv-06495. (SVC1) (Entered: 09/22/2025)

#12

Sep 22, 2025

Reconsideration

Sep 22, 2025

Order

#13

Sep 24, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER ENTERED: The Court's Order to Transfer petition to the Western District of New York is STAYED. The Order was entered based on the Court's misunderstanding of the Local Rule 7.1 certification filed by Respondents, [ECF No. 8 ]. Petitioner is directed to respond to the Motion to Transfer Petition by October 3, 2025. (CAM) (Entered: 09/24/2025)

Sep 24, 2025

Order Reopening Case

Sep 25, 2025

Order on Motion for Reconsideration

#15

Oct 03, 2025

Opposition to Motion

#16

Oct 03, 2025

Notice of Appearance

#17

Oct 15, 2025

ELECTRONIC NOTICE of Hearing.Hearing re 8 motion to transfer petition and 15 opposition set for 10/20/2025 09:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. (CAM) (Entered: 10/15/2025)

Oct 15, 2025

Notice of Hearing

#18

Oct 17, 2025

ELECTRONIC NOTICE OF RESCHEDULING. Hearing reset for 10/20/2025 02:00 PM in Courtroom 17 (In person only) before Judge Allison D. Burroughs. NOTICE IS FOR TIME CHANGE ONLY. (KF) (Entered: 10/17/2025)

Oct 17, 2025

Notice of Rescheduling

Oct 20, 2025

Hearing - Other

#20

Oct 24, 2025

Notice of Supplemental Authorities

#21

Nov 13, 2025

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons stated herein, the Court has statutory jurisdiction over the instant Petition. Respondents motion to transfer, [ECF No. 8 ], is DENIED.SO ORDERED.(CAM)

#22

Nov 13, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Respondents' answer or responsive pleading is due no later than November 24, 2025. (KF) (Entered: 11/13/2025)

Nov 13, 2025

Order

#23

Nov 26, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Per the Court's electronic order of November 13, 2025, [ECF No. 22 ], Respondents' answer or responsive pleading was due by November 24, 2025. Respondents shall promptly file their answer or responsive pleading or show cause why the Court should excuse any further delay. (CAM) (Entered: 11/26/2025)

#24

Nov 26, 2025

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Patricia Hyde, Michael Krol, Todd Lyons, Kristi L. Noem. (Farquhar, Rayford) (Entered: 11/26/2025)

#25

Nov 26, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Binh Van Tran’s petition for writ of habeas corpus, [ECF No. 1 ]. Respondents “submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth County Correctional Facility.” [ECF No. 24 at 1 (footnote omitted)]. In Morales, No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025), as well as in Duarte Rocha v. Hyde, No. 25-cv-12584, ECF No. 9 (D. Mass. Oct. 2, 2025), and Martins Valadares v. Hyde, No. 25-cv-12693, ECF No. 8 (D. Mass. Oct. 3, 2025), 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). Respondents acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 24 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 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 further 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: 11/26/2025)

Nov 26, 2025

Order

Nov 26, 2025

Order AND ~Util - Set Deadlines

#26

Dec 04, 2025

Exhibit 1

#27

Dec 04, 2025

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner’s Emergency Motion for Reconsideration, [ECF No. 26 ]. Respondents are instructed to file their opposition to Petitioner’s motion, if any, by December 10, 2025. An in-person hearing is scheduled for December 11, 2025, at 10:00 a.m. in Courtroom 17. At the hearing, the parties should be prepared to explain the statutory authority under which Petitioner is currently being detained and present any evidence that supports their position. They should further be prepared to discuss the lawfulness of Petitioner’s ongoing detention, including by addressing (1) any changed circumstances impacting the likelihood of Petitioner's removal immediately preceding Petitioner's re-detention and since his re-detention; (2) any steps taken to remove Petitioner to Vietnam or to identify any third country that will accept Petitioner and to effectuate his removal to such country since Petitioner's re-detention; and (3) the number of removals of similarly situated noncitizens to Vietnam or third countries since Petitioner's re-detention. The parties should also be prepared to address the applicability of Zadvydas v. Davis, 533 U.S. 678 (2001), and the reasoning of Nguyen v. Hyde, 788 F. Supp. 3d 144 (D. Mass. 2025), to the Petition. Should Petitioner be granted release on bond before December 11, 2025, the parties should be prepared to address how, if at all, Petitioner’s release should impact the Court’s resolution of Petitioner’s motion. (Hearing set for 12/11/2025 10:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.)(CAM) (Entered: 12/04/2025)

Dec 04, 2025

Order AND ~Util - Set Hearings AND ~Util - Set Motion and R&R Deadlines/Hearings

#28

Dec 05, 2025

Notice of Appearance

#29

Dec 05, 2025

Notice of Appearance

#30

Dec 10, 2025

Miscellaneous Relief

#32

Dec 10, 2025

Exhibit B

Dec 10, 2025

Order on Motion for Miscellaneous Relief

#34

Dec 11, 2025

Declaration

Dec 11, 2025

Hearing - Other

#35

Dec 15, 2025

Status Report

#36

Dec 17, 2025

Notice of Supplemental Authorities

#37

Dec 18, 2025

Notice of Supplemental Authorities

#38

Dec 24, 2025

Memorandum & Order

#39

Dec 24, 2025

Order Dismissing Case