District of Massachusetts • 4:26-cv-40061

Zapata Rivera v. Wesling

Active

Case Information

Filed: February 18, 2026
Assigned to: Margaret R. Guzman
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 07, 2026
Parties: View All Parties →

Docket Entries

#1
Feb 18, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11558727 Fee status: Filing Fee paid., filed by Carlos Zapata Rivera. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Sydenstricker, Ingrid) (Entered: 02/18/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
Attachment 1: Civil Cover Sheet
Attachment 2: Category Form
#2
Feb 18, 2026
DECLARATION re 1 Petition for Writ of Habeas Corpus (2241) by Carlos Zapata Rivera. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Sydenstricker, Ingrid) (Entered: 02/18/2026)
Main Document: Declaration
#3
Feb 18, 2026
NOTICE of Appearance by Jessie J. Rossman on behalf of Carlos Zapata Rivera (Rossman, Jessie) (Entered: 02/18/2026)
Main Document: Notice of Appearance
#4
Feb 19, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Margaret R. Guzman 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 David H. Hennessy. (JB) (Entered: 02/19/2026)
#5
Feb 19, 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). (JB) (Entered: 02/19/2026)
Main Document: General Order 19-02
#6
Feb 19, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Carlos Zapata Rivera. To ensure that the relevant government officials have notice of the Petition, the Clerk shall serve a copy of the Petition upon Respondents and the United States Attorney for the District of Massachusetts. (SF) (Entered: 02/19/2026)
Feb 19, 2026
Notice of Case Assignment
Feb 19, 2026
Order
#7
Feb 22, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Feb 23, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. re 1 Petition for Writ of Habeas Corpus (2241) filed by Carlos Zapata Rivera. Respondents shall answer or otherwise respond to the Petition no later than Thursday, March 5, 2026. Petitioner may file a reply no later than Thursday, March 12, 2026. The Court will hold a hearing on the merits of the Petition on Thursday, March 19, 2026. (SF) (Entered: 02/23/2026)
#9
Feb 23, 2026
ELECTRONIC NOTICE of Hearing. Hearing set for 3/19/2026 at 11:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. (SF) (Entered: 02/23/2026)
Feb 23, 2026
Notice of Hearing
Feb 23, 2026
Order
#10
Mar 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#11
Mar 05, 2026
Extension of Time
Main Document: Extension of Time
#12
Mar 05, 2026
Opposition to Motion
Main Document: Opposition to Motion
#13
Mar 05, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 11 MOTION for Extension of Time to March 6, 2026 to Respond to Habeas Petition by Todd Lyons, Kristi Noem, David Wesling. (SF) (Entered: 03/05/2026)
#14
Mar 06, 2026
RESPONSE/ANSWER to HABEAS PETITION by Todd Lyons, Kristi Noem, David Wesling. (O'Connor, Nicole) (Entered: 03/06/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#15
Mar 12, 2026
Memorandum re Petition
Main Document: Memorandum re Petition
#16
Mar 12, 2026
Affidavit in Support
Main Document: Affidavit in Support
#17
Mar 12, 2026
Declaration
Main Document: Declaration
Attachment 1: Exhibit A
Attachment 2: Exhibit B
Attachment 3: Exhibit C
Attachment 4: Exhibit D
#18
Mar 17, 2026
Amicus Curiae Appearance
Main Document: Amicus Curiae Appearance
#19
Mar 17, 2026
Leave to File Document
Main Document: Leave to File Document
#20
Mar 17, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 19 Assented to MOTION for Leave to File Amicus Curiae Letter by COMMONWEALTH OF MASSACHUSETTS. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on March 17, 2026 - in the caption of the document. (SF) (Entered: 03/17/2026)
#21
Mar 17, 2026
Amicus brief filed
Main Document: Amicus brief filed
Mar 17, 2026
Order on Motion for Leave to File Document
#22
Mar 19, 2026
Electronic Clerk's Notes for proceedings held before District Judge Margaret R. Guzman: Hearing re Habeas Petition held on 3/19/2026. Case is called. Counsel appear for hearing on habeas petition. Petitioner is present for the hearing. Court hears counsel on the habeas petition and will retain jurisdiction on the matter for reasons stated on the record. Further factual development is required and the Court intends to hold an evidentiary hearing. A Status Conference is set for 3/27/2026 at 12:00 PM in Courtroom 2 - Worcester (Remote only), at which the Court will determine the scope of the evidentiary hearing. Any documents the parties wish to be considered at the status conference shall be filed by 6:00pm on 3/26/2026. (Court Reporter: Jessica Leonard at jessica@wickedsteno.com) (Attorneys present: McFadden, Rossman, Sydenstricker, O'Connor) (SF) (Entered: 03/19/2026)
#23
Mar 19, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. Following an in-person hearing, the Court determines that further factual development is required to resolve Petitioner's Habeas Petition. The Court shall allow Petitioner the benefit of an evidentiary hearing and limited discovery to further explore the issue of retaliatory motive for his First Amendment claim. The Court set a video status conference for Friday 3/27/2026 to discuss the scope of the evidentiary hearing, which will be scheduled as a separate proceeding to follow. Should any party wish to make a filing in advance of the status, such filing shall be due by 6pm on Thursday, 3/26/2026. The Court will retain jurisdiction over this matter in the meantime and implores the parties to maintain the status quo. It Petitioner is arrested or detained, Petitioner shall not be transferred outside the District of Massachusetts and shall not be removed from the United States during the pendency of this case. Further, if there is relevant evidence in any parties possession, it must be preserved. (SF) (Entered: 03/19/2026)
Mar 19, 2026
Order
Mar 19, 2026
Hearing - Other AND ~Util - Set Hearings
#24
Mar 23, 2026
Transcript
Main Document: Transcript
#25
Mar 23, 2026
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 03/23/2026)
Mar 23, 2026
Notice of Filing of Official Transcript
#26
Mar 26, 2026
ELECTRONIC NOTICE OF RESCHEDULING. **SAME DATE, TIME CHANGE ONLY**This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. Status Conference set for 3/27/2026 11:00 AM in Courtroom 2 - Worcester (Remote only) before District Judge Margaret R. Guzman. (SF) (Entered: 03/26/2026)
#27
Mar 26, 2026
Response to Court Order
Main Document: Response to Court Order
Mar 26, 2026
Notice of Rescheduling
#28
Mar 27, 2026
Electronic Clerk's Notes for proceedings held before District Judge Margaret R. Guzman: Status Conference held on 3/27/2026.Case is called. Counsel appear by video for status conference. Court and counsel discuss Petitioner's proposed discovery requests. Government has no objections. Evidentiary Hearing set for 4/30/2026 at 2:00 PM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. (Court Reporter: Jessica Leonard at jessica@wickedsteno.com) (Attorneys present: O'Connor, McFadden, et al) (SF) (Entered: 03/27/2026)
Mar 27, 2026
Status Conference AND ~Util - Set Hearings
#29
Apr 03, 2026
Stipulation
Main Document: Stipulation
#30
Apr 07, 2026
ELECTRONIC NOTICE OF RESCHEDULING Evidentiary Hearing set for 4/29/2026 at 11:00 AM in Courtroom 2 - Worcester (In person only) before District Judge Margaret R. Guzman. (SF) (Entered: 04/07/2026)
Apr 07, 2026
Notice of Rescheduling
#31
Apr 13, 2026
Extension of Time
Main Document: Extension of Time
#32
Apr 13, 2026
Opposition re 31 MOTION for Extension of Time to April 17, 2026 to Respond to Petitioner's Propounded Discovery filed by Carlos Sebastian Zapata Rivera. (McFadden, Daniel) (Entered: 04/13/2026)
Main Document: Opposition to Motion
#33
Apr 14, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 31 Motion for Extension of Time to April 17, 2026 to Respond to Petitioner's Propounded Discovery by Todd Lyons, Markwayne Mullin, David Wesling. Responses due by 4/17/2026. In light of this extension, the Court will have little to no tolerance for incomplete responses or productions should any pretrial dispute arise, and expects Respondents to use this additional time to ensure full and complete compliance with their discovery obligations. (SF) (Entered: 04/14/2026)
Apr 14, 2026
Order on Motion for Extension of Time
#34
Apr 15, 2026
Dismiss/Lack of Jurisdiction
Main Document: Dismiss/Lack of Jurisdiction
Attachment 1: Exhibit Declaration
#35
Apr 16, 2026
STATUS REPORT and Opposition to Further Discovery Extension by Carlos Sebastian Zapata Rivera. (Attachments: # 1 Exhibit 1)(McFadden, Daniel) (Entered: 04/16/2026)
Main Document: Status Report
#36
Apr 16, 2026
DECLARATION re 35 Status Report (Declaration of Lindsay Rosenbaum, Esq.) by Carlos Sebastian Zapata Rivera. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 04/16/2026)
Main Document: Declaration
#37
Apr 16, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. Petitioner's request [ECF No. 35] to file an opposition to Respondents' motion to dismiss on or before April 29, 2026 is GRANTED. Petitioner shall file the opposition by April 29, 2026. An order on Respondents' motion to stay discovery will follow. In the interim, all parties shall continue to preserve all documents, communications, data, and other information relevant to this dispute, including materials responsive to any pending discovery requests. (SF) (Entered: 04/16/2026)
#38
Apr 16, 2026
DECLARATION SUPPLEMENTAL DECLARATION by Todd Lyons, Markwayne Mullin, Kristi L. Noem, David Wesling. (Attachments: # 1 Exhibit 1)(O'Connor, Nicole) (Entered: 04/16/2026)
Main Document: Declaration
Attachment 1: Exhibit 1
Apr 16, 2026
Order
#39
Apr 17, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. Discovery in this case is STAYED pending resolution of Respondents' Motion to Dismiss for Lack of Jurisdiction [ECF No. 34]. Notwithstanding the stay, all parties shall continue to preserve all documents, communications, data, and other information relevant to this dispute, including materials responsive to any pending discovery requests. If the Court denies the Motion to Dismiss, the parties will be ordered to immediately produce all materials that would otherwise be due today.(MC) (Entered: 04/17/2026)
#40
Apr 17, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered. ORDER Canceling Deadline. The evidentiary hearing scheduled for April 29, 2026 [ECF No. 30], is continued to a date to be determined, pending resolution of Respondents' Motion to Dismiss for Lack of Jurisdiction [ECF No. 34].(MC) (Entered: 04/17/2026)
Apr 17, 2026
Order
Apr 17, 2026
Order Canceling Deadline
#41
Apr 28, 2026
Extension of Time to File Document
Main Document: Extension of Time to File Document
#42
Apr 29, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 41 Assented to MOTION for Extension of Time to May 1, 2026 to File Opposition to Motion to Dismiss 34 by Carlos Sebastian Zapata Rivera. Response due by 5/1/2026. (SF) (Entered: 04/29/2026)
Apr 29, 2026
Order on Motion for Extension of Time to File Response/Reply
#43
May 01, 2026
Opposition to Motion
Main Document: Opposition to Motion
#44
May 04, 2026
Leave to File Document
Main Document: Leave to File Document
#45
May 05, 2026
District Judge Margaret R. Guzman: ELECTRONIC ORDER entered granting 44 Assented to MOTION for Leave to File Reply to Petitioner's Opposition by Todd Lyons, Markwayne Mullin, Kristi L. Noem, David Wesling. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on May 5, 2026 - in the caption of the document. (SF) (Entered: 05/05/2026)
#46
May 07, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion