District of Massachusetts • 1:26-cv-10870

Soares Cruz v. Moniz

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Case Information

Filed: February 14, 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 20, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 14, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11551164 Fee status: Filing Fee paid., filed by Wallace Soares Cruz. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Qirici, Enxhi) (Entered: 02/14/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Feb 17, 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 Jessica D. Hedges. (CM) (Entered: 02/17/2026)
#3
Feb 17, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#4
Feb 17, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Annapurna Balakrishna,Rayford Farquhar, and USAMA Civil Process on 2/17/2026 at 9:22 AM and mailed to All Respondents (CEH) (Entered: 02/17/2026)
#5
Feb 17, 2026
General Order 19-02
Main Document: General Order 19-02
#6
Feb 17, 2026
Order
Main Document: Order
Feb 17, 2026
Copy Mailed
Feb 17, 2026
Notice of Case Assignment
#7
Feb 19, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Feb 19, 2026
Response to Court Order
Main Document: Response to Court Order
#9
Feb 20, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Wallace Soares Cruz’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that “the facts and legal issues presented in this Petition are like those addressed by this Court” [Dkt. 8] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which 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: 02/20/2026)
Feb 20, 2026
Order