District of Massachusetts • 1:25-cv-13070

#1

Oct 20, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11308755 Fee status: Filing Fee paid., filed by Derin Samuel Zavala Rivera. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form)(Logan, Thomas) (Entered: 10/20/2025)

#2

Oct 20, 2025

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. (NMC) (Entered: 10/20/2025)

#3

Oct 20, 2025

Judge Richard G. Stearns: ORDER entered concerning service of petition and further Stay of Transfer or Removal.(RGS, law3) (Entered: 10/20/2025)

Oct 20, 2025

Notice of Case Assignment

#4

Oct 24, 2025

Notice of Appearance

#5

Oct 27, 2025

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

#6

Oct 28, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 5 Response to Petition for Writ of Habeas Corpus - section 2241 filed by Kristi Noem, Patricia Hyde, Joseph McDonald, Todd Lyons, Pamela Bondi, Michael Krol. The court agrees that the petition fails to name Petitioner Derin Samuel Zavala Rivera's current custodian, Antone Moniz, the Superintendent of the Plymouth County Correctional Center. See Rumsfeld v. Padilla, 542 U.S. 426, 439 (2004) ("In challenges to present physical confinement, we reaffirm that the immediate custodian, not a supervisory official who exercises legal control, is the proper respondent."). The court will provide petitioner until Monday, November 3, 2025, to amend his petition to add as a defendant the Superintendent holding him or this matter will be dismissed. In the meantime, Zavala Rivera will not be moved without 72-hours notice to the court. (MZ) (Entered: 10/28/2025)

Oct 28, 2025

Order

#7

Oct 31, 2025

Petition for Writ of Habeas Corpus - 2241

#8

Nov 03, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Petition for Writ of Habeas Corpus (2241), filed by Derin Samuel Zavala Rivera, 5 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi Noem, Patricia Hyde, Joseph McDonald, Todd Lyons, Pamela Bondi, Michael Krol. The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Derin Samuel Zavala Rivera before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable (but in no case more than ten (10) days from the date of this Order).(MZ) (Entered: 11/03/2025)

Nov 03, 2025

Order

#9

Feb 27, 2026

Notice - Other

#10

Feb 27, 2026

Notice - Other