District of Massachusetts • 1:26-cv-11140

#1

Mar 06, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11592156 Fee status: Filing Fee paid., filed by Julio Andres Sanchez Duarte. (Attachments: # 1 Exhibit Order of Release, # 2 Exhibit I-589 Receipt, # 3 Exhibit ICE Detainee Locator, # 4 Civil Cover Sheet Julio Cover Sheet, # 5 Category Form Julio Category Form)(Roux, Oceane) (Entered: 03/06/2026)

#2

Mar 06, 2026

Judge Brian E. Murphy: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (RN) (Entered: 03/06/2026)

#3

Mar 06, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Jennifer C. Boal. (CM) (Entered: 03/06/2026)

#4

Mar 06, 2026

Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 03/06/2026)

#5

Mar 06, 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). (SEC) (Entered: 03/06/2026)

#6

Mar 06, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd M Lyons, Antone Moniz, Kristi L. Noem, David Wesling (Canzoneri, Julian) (Entered: 03/06/2026)

#7

Mar 06, 2026

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

Mar 06, 2026

Notice of Case Assignment

#8

Mar 10, 2026

Response - not related to a motion

#9

Mar 12, 2026

Judge Indira Talwani: ELECTRONIC ORDER: Petitioner filed his Petition for Writ of Habeas Corpus [ 1 ] on March 6, 2026, after he was detained during a check-in at the Immigration and Customs Enforcement (“ICE”) Field Office in Burlington, MA. Id. ¶ 2. In their Response [ 7 ], Respondents state “that the legal issues presented in this Petition are similar to those recently addressed by this Court in [Doe v. Moniz, 800 F. Supp. 3d 203 (D. Mass. 2025)].” Id. Respondents further note that “[s]hould the Court follow its reasoning in Doe, it would reach the same result here.” Id.In Doe, the court found detention without a bond hearing violated the petitioner’s Due Process rights, and ordered that the petitioner be provided a bond hearing. Doe, 800 F.Supp.3d at 217.In his Reply [ 8 ], Petitioner contends that he should be released without a further bond hearing where ICE previously conducted a custody determination and released Petitioner on an Order of Release on Recognizance. Id. Petitioner further argues that “Respondents have identified no intervening conduct, changed circumstances, or new information that would justify revisiting ICE’s prior determination that Petitioner did not present a flight risk or danger to the community.” Id.; see also Pet. ¶ 27 [ 1 ] (“Petitioner has complied with prior reporting or supervision requirements imposed by immigration authorities, and there has been no material change in circumstances that would justify renewed detention.”); Pet. Ex. 1 [[1-1]] (Order of Release on Recognizance).Where Respondents have not provided any information regarding ICE’s decision to re-detain Petitioner or made any claim that the Order of Release was cancelled, the Petition for Writ of Habeas Corpus [ 1 ] is GRANTED. Respondents are directed to release Petitioner no later than March 13, 2026, at 6 p.m. and to file a status report by March 17, 2026.(SEC) (Entered: 03/12/2026)

Mar 12, 2026

Order