District of Massachusetts • 1:26-cv-10953

#1

Feb 23, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11566943 Fee status: Filing Fee paid., filed by Cristhian Fernando Davila Macas. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - Notice to Appear, # 4 Exhibit 2 - I286 Custody Determination, # 5 Exhibit 3 - I220A, # 6 Exhibit 4 - Notice of Hearing in Removal Proceedings)(Cerretani, Gabriela) Docket text cleaned up on 2/23/2026 (CAM). (Entered: 02/23/2026)

#2

Feb 23, 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 Donald L. Cabell. (JAM) (Entered: 02/23/2026)

#3

Feb 23, 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: 02/23/2026)

#4

Feb 23, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 3:00 p.m. on Tuesday, February 24, 2026. Respondents shall provide any further answer to the Petition, if necessary, no later than 3:00 p.m. on Thursday, February 26, 2026. (MBM) (Entered: 02/23/2026)

Feb 23, 2026

Notice of Case Assignment

#5

Feb 24, 2026

Status Report

#6

Feb 25, 2026

Notice of Appearance

#7

Feb 25, 2026

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

#8

Feb 26, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. This Petition is GRANTED. The Court ORDERS that Petitioner be immediately released. “Respondents[’] position is that Petitioner is being detained under 8 U.S.C. [s] 1225(b)(2).” Dkt. 6 at 1. However, Respondents also state that “Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-cv-12664-PBS (D. Mass.).” Dkt. 6 at 1. As a result, Petitioner cannot be “subject to detention under 8 U.S.C. s. 1225(b)(2).” Guerrero Orellana, 2025 WL 3687757, at *10. Alternatively, “[o]n a warrant issued by the Attorney General, an alien may be arrested and detained pending a decision on whether the alien is to be removed from the United States.” 8 U.S.C. s. 1226(a). As part of their answer to the Petition, the Court ordered Respondents to include, “at least, copies of any Notices to Appear, Warrants for Arrest of Alien, or Notices of Custody Determination issued in connection with Petitioner’s current detention.” Dkt. 4 at 2. Respondents included with their answer a copy of Petitioner’s Notice to Appear, Dkt. 5 -1, but no “warrant issued by the Attorney General,” as would be required under 8 U.S.C. s. 1226(a). See generally Dkts. 5, 7 . The Court therefore concludes that Petitioner does not satisfy the requirements for detention under under 8 U.S.C. s. 1226(a).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: 02/26/2026)

#9

Feb 26, 2026

Judgment

Feb 26, 2026

Order