District of Massachusetts • 1:26-cv-11224

#1

Mar 10, 2026

Petition for Writ of Habeas Corpus - 2241

#2

Mar 11, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (CM) (Entered: 03/11/2026)

#3

Mar 11, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 03/11/2026)

#4

Mar 11, 2026

Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Lindsey Weinstein, Rayford Farquhar, and USAMA Civil Process on 3/11/2026 at 8:33 AM and mailed to All Respondents (CEH) (Entered: 03/11/2026)

#5

Mar 11, 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). (CEH) (Entered: 03/11/2026)

#6

Mar 11, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 03/11/2026)

#7

Mar 11, 2026

NOTICE by Etelvina Marleny Lopez Lopez re 3 Service Order - 2241 Petition (Herrero, Johanna) (Entered: 03/11/2026)

Mar 11, 2026

Copy Mailed

Mar 11, 2026

Notice of Case Assignment

#8

Mar 13, 2026

Notice of Appearance

#9

Mar 16, 2026

Response - not related to a motion

#10

Mar 16, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On March 10, 2026, Petitioner filed a Petition for a Writ of Habeas Corpus. [Dkt. 1]. On the morning of March 11, 2026, the Court entered an order requiring Respondents to respond to the petition within three business days and barring Respondents from transferring Petitioner out of the District. [Dkt. 3]. That same morning, Petitioner's counsel was notified that Petitioner was transferred out of the District. [Dkt. 7]. Respondents are ORDERED to explain why Petitioner was transferred out of the District in contravention of the Court's order and why the Court should not order Petitioner to be transferred back to the District. Respondent's brief is due at or before 5:00 pm March 17, 2026. Respondent's response to the Petitioner is still due March 16, 2026 by close of business. re 9 Response filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Pamela Bondi, Michael Krol, Antone Moniz (MS) (Entered: 03/16/2026)

Mar 16, 2026

Order

#11

Mar 17, 2026

Response to Court Order

#12

Mar 18, 2026

NOTICE by Pamela Bondi, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Kristi L. Noem of intent to transfer (O'Connor, Nicole) (Entered: 03/18/2026)

#13

Mar 19, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Etelvina Marleny Lopez Lopez’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the facts and legal issues presented in this Petition are similar to those addressed by this Court in Amaya Sanchez [v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10]]," and "[s]hould the Court follow its reasoning in Amaya Sanchez, it would reach the same result here." [Dkt. 9]. In Amaya Sanchez, 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). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. She has not received such a hearing, so her detention is unlawful.Although Petitioner is currently detained in New Hampshire, Respondents do not contest this Court's jurisdiction over the matter. [Dkt. 11].Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar 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). Should Petitioner be granted bond, Respondents are ORDERED to release Petitioner at the ICE Field Office closest to her home. The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 03/19/2026)

Mar 19, 2026

Order