District of Massachusetts • 1:26-cv-10587

#1

Feb 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number BMADC-11529306 Fee status: Filing Fee paid., filed by Carlos Daniel Rodriguez Aguilar. (Attachments: # 1 Civil Cover Sheet)(Erkan, Murat) (Entered: 02/05/2026)

#2

Feb 05, 2026

NOTICE of Appearance by Murat Erkan on behalf of Carlos Daniel Rodriguez Aguilar (Erkan, Murat) (Entered: 02/05/2026)

#3

Feb 05, 2026

NOTICE of Appearance by Jessica Pelletier on behalf of Carlos Daniel Rodriguez Aguilar (Pelletier, Jessica) (Entered: 02/05/2026)

#4

Feb 06, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Jessica D. Hedges. (JAM) (Entered: 02/06/2026)

#5

Feb 06, 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). (MBM) (Entered: 02/06/2026)

#6

Feb 06, 2026

Notice of Appearance

#7

Feb 06, 2026

Service Order-2241 Petition

#8

Feb 06, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 7 Service Order - 2241 Petition mailed to all respondents on 2/6/2026. (MBM) (Entered: 02/06/2026)

Feb 06, 2026

Notice of Case Assignment

Feb 06, 2026

Copy Mailed

#9

Feb 10, 2026

Notice of Appearance

#10

Feb 10, 2026

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

#11

Feb 11, 2026

Response - not related to a motion

#12

Feb 12, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. On February 6, 2026, the Court ordered Respondents to “determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and, if so, [to] notify the Court no later than 3:00 p.m. on Monday, February 9, 2026.” Dkt. 7 at 1. On February 10, 2026, Respondents answered the Petition, taking the “position... that Petitioner is not a member of the class certified in [Guerrero Orellana],” but that “the legal issues presented in this Petition are similar to those recently addressed by this Court in Martinez v. Hyde, 792 F. Supp. 3d 211 (D. Mass. 2025), and Romero v. Hyde, 795 F. Supp. 3d 271 (D. Mass. 2025).” This response is confusing because Guerrero Orellana, Martinez, and Romero all concerned the same legal issue and all reached the same conclusion: that 8 U.S.C. s. 1225(b)(2)(A) is inapplicable to noncitizens initially “apprehended while residing in the United States.” See Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297, 308-09 (D. Mass. 2025) (citing Martinez, 792 F. Supp. 3d at 214); see also Romero v. Hyde, 795 F. Supp. 3d 271, 272-73 (D. Mass. 2025) (“[T]he interpretation being advanced by the Government, which would require the mandatory detention of hundreds of thousands, if not millions, of individuals currently residing within the United States, is contrary to the plain text of the statute and the overall statutory scheme.”). Notwithstanding, there does not appear to be any obvious need to resolve the confusion because the result is the same whether pursuant to the judgment in Guerrero Orellana or under the logic of Martinez and Romero. Accordingly, this Petition is GRANTED in part. The Court ORDERS that Petitioner receive a bond hearing under 8 U.S.C. s. 1226 to consider the merits of his release. Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. s. 2412. (MBM) (Entered: 02/12/2026)

#13

Feb 12, 2026

Judgment

Feb 12, 2026

Order