District of Massachusetts • 1:26-cv-11141

Delgado-Campuzano v. Moniz

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Case Information

Filed: March 06, 2026
Assigned to: Allison Dale Burroughs
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: April 10, 2026
Parties: View All Parties →

Docket Entries

#1
Mar 06, 2026
Petition for Writ of Habeas Corpus - 2241
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Mar 06, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (SEC) (Entered: 03/06/2026)
#3
Mar 06, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered. Pursuant to Local Rule 40.1(j)(1), I hereby direct the Clerk forthwith to randomly reassign the case to another District Judge. (LP) (Entered: 03/06/2026)
#4
Mar 06, 2026
ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. District Judge Patti B. Saris no longer assigned to case. (SEC) (Entered: 03/06/2026)
#5
Mar 06, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#6
Mar 06, 2026
General Order 19-02
Main Document: General Order 19-02
#7
Mar 06, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Mar 06, 2026
Appear Pro Hac Vice
Main Document: Appear Pro Hac Vice
#9
Mar 06, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Diana M. Gomez. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 03/06/2026)
Mar 06, 2026
Order on Motion for Leave to Appear
Mar 06, 2026
Order
Mar 06, 2026
Notice of Reassignment
Mar 06, 2026
Notice of Case Assignment
#10
Mar 12, 2026
Notice of Appearance
Main Document: Notice of Appearance
#11
Mar 16, 2026
Response - not related to a motion
Main Document: Response - not related to a motion
#12
Mar 16, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Jesus Estuardo Delgado-Campuzano’s petition for writ of habeas corpus. [ECF No. 1 ]. Respondents submit that “the legal issues raised in this Petition are similar to those recently addressed by this Court in Morales v. Plymouth C[ounty] Correctional Facility.” [ECF No. 11 at 1]. In that case, 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). No. 25-cv-12602, ECF No. 15 (D. Mass. Sept. 30, 2025). Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales, it would reach the same result here.” [ECF No. 11 at 1]. On the facts before it, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 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). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.In addition, Respondents shall SHOW CAUSE within 10 days of this order why Petitioner is not entitled to an award of reasonable fees and costs as a “prevailing party” under the Equal Access to Justice Act, 28 U.S.C. § 2412. See [ECF No. 1 at 11 (requesting such an award)]. Petitioner may respond to Respondents’ submission within 10 days of its filing and shall include with his response an itemization of the fees and costs he seeks. Respondents may reply within 7 days of Petitioner’s submission and may include in their reply any objection to the reasonableness or basis of the amount(s) requested.(CAM) (Entered: 03/16/2026)
Mar 16, 2026
Order To Show Cause
#13
Mar 26, 2026
Response to Order to Show Cause
Main Document: Response to Order to Show Cause
#14
Apr 07, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Per the Court's order, [ECF No. 12 ], Petitioner was expected to file a response to Respondents' response, [ECF No. 13 ], by April 6, 2026, including an itemization of the fees and costs he seeks and any other elements required to complete his application for fees under the EAJA, see 28 U.S.C. § 2412(d)(1)(B). That response is now overdue. Petitioner shall file his response by April 15, 2026, and show cause for the delay. Respondents will be permitted to file their own reply within 14 days after Petitioner's response is filed. (CAM) (Entered: 04/07/2026)
Apr 07, 2026
Order
#15
Apr 10, 2026
Reply to Response to Motion
Main Document: Reply to Response to Motion