District of Massachusetts • 1:26-cv-10766

Antunez Rodriguez v. McDonald

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Case Information

Filed: February 11, 2026
Assigned to: Richard Gaylore Stearns
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: April 09, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 11, 2026
Second PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11541889 Fee status: Filing Fee paid., filed by Carlos Hernan Antunez Rodriguez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Pomerleau, Todd) (Attachment 1 replaced on 2/11/2026) (FGD). (Entered: 02/11/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 11, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 M. Page Kelley. (JAM) (Entered: 02/11/2026)
#3
Feb 11, 2026
NOTICE of Appearance by Nicole E. Dill on behalf of Carlos Hernan Antunez Rodriguez (Dill, Nicole) (Entered: 02/11/2026)
Main Document: Notice of Appearance
#4
Feb 11, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 02/11/2026)
Main Document: Order
#5
Feb 11, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241) and 4 Order mailed to Joseph D. McDonald, Donald J. Trump Pamela Bondi, Kristi L. Noem, Michael Krol, Patricia Hyde, Todd M Lyons, on 2/11/2026. (JAM) (Entered: 02/11/2026)
Feb 11, 2026
Copy Mailed
Feb 11, 2026
Notice of Case Assignment
#6
Feb 18, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Feb 18, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#8
Feb 19, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 7 Motion for Extension of Time to File Response/Reply to Petition to February 25, 2026. (JAM) (Entered: 02/19/2026)
Feb 19, 2026
Order on Motion for Extension of Time to File Response/Reply
#9
Feb 25, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Feb 27, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Petition for Writ of Habeas Corpus - 2241, filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Joseph D. McDonald, Pamela Bondi, Michael Krol, Donald J. Trump. Petitioner Carlos Hernan Antunez Rodriguez is a 37-year old Honduran national married to an American citizen. There is no dispute that Antunez Rodriguez earlier entered the country illegally, was issued an Order of Removal to Honduras, demonstrated a reasonable fear of return there, and was released on an Order of Supervised Release (OSUP). On December 14, 2025, Immigration and Customs Enforcement (ICE) re-detained Antunez Rodriguez and issued him a Notice of Revocation of Release informing him that ICE had determined that "it was now appropriate to enforce his removal order to a third country." Decl. Brian Sullivan para.s 18-19. At the time, ICE provided petitioner with an "initial interview" to respond to the revocation of release, however Antunez Rodriguez informed the government that he would not accept or sign anything without speaking to his attorney. See Id. para. 20. Antunez Rodriguez earlier filed a habeas petition with this court on December 18, 2025. At the time of his initial filing, the court noted that his removal hinged on Mexico's willingness to accept him and his inabilty to show that he faces a reasonable fear of persecution if removed to Mexico. Antunez Rodriguez v. McDonald, 25-13899-RGS, Dkt # 15 (D. Mass. 1/20/2025). Atunez Rodriguez has filed a Second Petition for Writ of Habeas Corpus before this court complaining that, to date, ICE has failed to amend his removal Order, yet has moved him from the Plymouth County Correctional facility (Plymouth) "to effectuate his removal to Mexico." Pet. at para.s 4-5. In its response to the Petition, the government denies this, representing that Antunez Rodriguez remains at Plymouth and that, because he had earlier established a reasonable fear of removal to his home country of Honduras, on February 18, 2026, ICE referred his case to USCIS for a screening of his eligibility for protection under INA § 241(b)(3) and the Convention Against Torture (CAT) for Mexico the country of removal. See Decl. Brian Sullivan (Dkt # 9-1) para.s 14, 21, 24-26. At present, ICE awaits this determination. Any appeal of that determination or review of the adequacy of ICE's "initial interview" to respond to the revocation of release, is not for this court. As this court earlier set out in Antunez Rodriguez's first habeas case, to satisfy Zadvydas v. Davis, 533 U.S. 678 (2001), petitioner must show that there is no significant likelihood he will be removed from the country in the reasonably foreseeable future. As Antunez Rodriguez has been detained since December 14, 2026, and ICE is awaiting USCISs reasonable fear determination, his second habeas filing on this issue is premature. Accordingly, the court will STAY this matter, but leaves in full force and effect the court's Stay of Transfer or Removal without 72-hour notice (see Dkt # 4 ). (MZ) (Entered: 02/27/2026)
Feb 27, 2026
Order
Feb 27, 2026
~Util - Case Stayed
#11
Mar 04, 2026
Status Report
Main Document: Status Report
#12
Mar 13, 2026
Notice - Other
Main Document: Notice - Other
#13
Mar 13, 2026
Response - not related to a motion
Main Document: Response - not related to a motion
#14
Mar 16, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER to STAY Removal entered re 12 Notice (Other) filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Joseph D. McDonald, Pamela Bondi, Michael Krol, Donald J. Trump. The court further STAYS any removal of Petitioner Carlos Hernan Antunez Rodriguez until he has the opportunity to appeal USCIS's asylum determination. The government must provide Antunez Rodriguez and his counsel with Form I-863 within the next 48 hours and, thereafter, the opportunity to appear before the Immigration Court for his appeal. (MZ) (Entered: 03/16/2026)
Mar 16, 2026
Order
#15
Mar 25, 2026
Status Report
Main Document: Status Report
#16
Apr 09, 2026
Objection - not related to a motion
Main Document: Objection - not related to a motion