District of Massachusetts • 1:26-cv-10960

#1

Feb 24, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11568390 Fee status: Filing Fee paid., filed by Nelson Fortes. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Category Form)(Maguire, Claire) (Entered: 02/24/2026)

#2

Feb 24, 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. (JKK) (Entered: 02/24/2026)

#3

Feb 24, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 02/24/2026)

#4

Feb 24, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Todd Lyons, David Wesling and Antone Moniz on 2/24/2026. (JAM) (Entered: 02/24/2026)

Feb 24, 2026

Copy Mailed

Feb 24, 2026

Notice of Case Assignment

#5

Feb 27, 2026

Notice of Appearance

#6

Mar 02, 2026

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

#7

Mar 03, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by David Wesling, Todd Lyons, Antone Moniz. On January 21, 2026, petitioner Nelson Fortes was dropping his two children at daycare in East Providence, Rhode Island, when United States Immigration and Customs Enforcement (ICE) officers arrested him. ICE officers took Fortes to its offices in Burlington, Massachusetts, presented him with a notice of revocation of his current Order of Release, and then detained him at the Plymouth County Correctional Facility where he remains. Forte came here as a child as a lawful permanent resident. After spending time in criminal custody, on October 28, 2008, he was ordered removed to Senegal, but was released under an Order of Supervised Release because Senegal refused his removal. Pet. (Dkt # 1) at para.s 3-4. In August of 2018, Forte was again detained by ICE. Forte filed a writ of habeas requesting release when Senegal again, would not issue travel documents for Forte. ICE released Forte on March 22, 2019, on a new order of supervision. Fortes Decl. (Dkt #1-1) at para. 7. His release (and the subsequent revocation of that release) accordingly is governed by 8 C.F.R. § 241.13.Section 241.13 authorizes ICE "to re-detain a noncitizen like [petitioner] who has been granted supervised release" when there has been "(1) an individualized determination (2) by ICE that, (3) based on changed circumstances, (4) removal has become significantly likely in the reasonably foreseeable future." Kong v. United States, 62 F.4th 608, 61920 (1st Cir. 2023), citing § 241.13(i)(2). Here, the government fails to identify any changed circumstances in detaining him on January 21, 2026. ICE fails to state whether it has reapplied to Senegal for travel documents or explain why it expects to receive a favorable response from the Senegalese government in the reasonably foreseeable future.The government is therefore ordered to file a brief of no more than seven (7) pages elaborating on its compliance with the requirements in Kong (the factual basis for what has changed regarding Forte or their belief that the Senegalese government will now, seventeen years later, issue the travel documents for Forte in the reasonably foreseeable future). This brief is due no later than Tuesday, March 10, 2026.(MZ) (Entered: 03/03/2026)

Mar 03, 2026

Order

#8

Mar 10, 2026

Stipulation of Dismissal