Completed
Case Information
Filed: March 13, 2026
Assigned to:
Brian E. Murphy
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Completed: April 10, 2026
Last Activity:
April 10, 2026
Parties:
View All Parties →
Docket Entries
#1
Mar 13, 2026
Petition for Writ of Habeas Corpus - 2241
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Mar 13, 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. (SP) (Entered: 03/13/2026)
#3
Mar 13, 2026
General Order 19-02
Main Document:
General Order 19-02
#4
Mar 13, 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 Monday, March 16, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 3:00 p.m. on Wednesday, March 18, 2026.(MBM) (Entered: 03/13/2026)
Main Document:
Service Order-2241 Petition
#5
Mar 13, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) mailed to all respondents on 3/13/2026. (MBM) (Entered: 03/13/2026)
Mar 13, 2026
Copy Mailed
Mar 13, 2026
Notice of Case Assignment
#6
Mar 16, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#7
Mar 16, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER granting 6 Assented to Motion for Extension of Time to 3/20/2026 to File Response to 2241 Petition. (BIB) (Entered: 03/16/2026)
Mar 16, 2026
Order on Motion for Extension of Time to File Response/Reply
#8
Mar 20, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#9
Mar 23, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER granting 8 Second Motion for Extension of Time to 3/25/2026 to File Responses to 1 Petition for Writ of Habeas Corpus (2241). (BIB) (Entered: 03/23/2026)
Mar 23, 2026
Order on Motion for Extension of Time to File Response/Reply
#10
Mar 25, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
#11
Mar 26, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER granting 10 Joint Motion for Extension of Time until 4/3/2026 to File Response to 1 Petition for Writ of Habeas Corpus (2241). (BIB) (Entered: 03/26/2026)
Mar 26, 2026
Order on Motion for Extension of Time to File Response/Reply
#12
Mar 30, 2026
Injunctive Relief
Main Document:
Injunctive Relief
#13
Apr 02, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. In light of Petitioner’s filing stating that Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, 2025 WL 3687757 (D. Mass. Dec. 19, 2025), Dkt. 12, Respondents are directed to notify the Court of whether Petitioner is a member of the class and to attach copies of any Notices to Appear, Warrants for Arrest of Alien, or Notices of Custody Determination issued in connection with Petitioner’s current detention by Thursday, April 2, 2026, at 4:00 p.m. (MBM) (Entered: 04/02/2026)
#14
Apr 02, 2026
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
Apr 02, 2026
Order
#15
Apr 06, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER 14 Assented to Motion for Extension of Time to 4/8/2026 to File Response to 1 Petition for Writ of Habeas Corpus (2241). (BIB) (Entered: 04/06/2026)
Apr 06, 2026
Order on Motion for Extension of Time to File Response/Reply
#16
Apr 08, 2026
Injunctive Relief
Main Document:
Injunctive Relief
#17
Apr 10, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#18
Apr 10, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Martinez v. Hyde, No. 25-cv-11613-BEM, __ F. Supp. 3d __, 2025 WL 2084238 (D. Mass. July 24, 2025), and Romero v. Hyde, No. 25-cv-11631-BEM, __ F. Supp. 3d __, 2025 WL 2403827 (D. Mass. August 19, 2025).” Dkt. 17 at 1. In addition, Respondents state that “Petitioner appears to be a member of the class certified in Guerrero Orellana v. Moniz, Civil Action No. 25-cv-12664-PBS, 2025 WL 3687757, at *10 (D. Mass. Dec. 19, 2025).” Id. at 1 n.1. Accordingly, Petitioner is “subject to detention under 8 U.S.C. [s.] 1226(a),” Guerrero Orellana v. Moniz, 2025 WL 3687757, at *10, under which “[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). However, Respondents failed to provide “copies of any Notices to Appear, Warrants for Arrest of Alien, or Notices of Custody Determination issued in connection with Petitioner’s current detention,” as directed by this Court. Dkt. 13. The Court therefore concludes that Petitioner does not satisfy the requirements for detention under 8 U.S.C. s. 1226(a). Accordingly, this Petition is GRANTED. The Court ORDERS that Petitioner be immediately released. (MBM) (Entered: 04/10/2026)
#19
Apr 10, 2026
Judgment
Main Document:
Judgment
Apr 10, 2026
Order
Parties
Miller
Party
Nunes Da Silva
Party