District of Puerto Rico • 3:26-cv-01180

#1

Mar 24, 2026

EMERGENCY PETITION for Writ of Habeas Corpus, filed by Ramon Sena-Alcantara, pro se. (Attachments: # 1 Exhibit, # 2 Re: Order 10 from Case no. 26-1042)(rim) (Entered: 03/26/2026)

#2

Mar 26, 2026

NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Emergency Petition for Habeas Corpus. A new case has been opened and assigned to Judge Maria Antongiorgi-Jordan. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number: 3:26-cv-01180-MAJ. All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (Copy of this notice, Standing Order No. 10 - Consent by Pro Se (Non-Prisoner) Litigants to Receive Notices of Electronic Filing in Civil Cases and Consent Form sent to Pro Se by mail.) (rim) (Entered: 03/26/2026)

Mar 26, 2026

Notice to Pro Se Litigant

#3

Mar 27, 2026

ORDER: Raymond Sanchez Maceira is appointed to represent plaintiff through the Pro bono Panel. Signed by Judge Maria Antongiorgi-Jordan on 3/27/2026. (mr) Modified on 3/27/2026 to correct docket text (mr). (Entered: 03/27/2026)

#4

Mar 27, 2026

ORDER: The United States Marshals Service shall serve 1 "Emergency Petition for Writ of Habeas Corpus" and summons on all Defendants. Signed by Judge Maria Antongiorgi-Jordan on 3/27/2026. (mr) (Entered: 03/27/2026)

#5

Mar 27, 2026

ORDER: According to 1 "Emergency Petition for Writ of Habeas Corpus," Petitioner, who is appearing pro se, has been detained without a hearing and has been afforded no meaningful opportunity to contest the grounds of his removal. If true, that would render Petitioner's detention unlawful. Accordingly, the Court finds that the issuance of a temporary restraining order is warranted: if the facts alleged in the instant petition are true, in the absence of relief, Petitioner may suffer the irreparable harm of an unlawful detention and removal. See San Juan Cable LLC v. Telecommunications Regulatory Bd. of Puerto Rico, 598 F. Supp. 2d 233 (D.P.R. 2009) (a party moving for temporary restraining order bears the burden to show: (1) a substantial likelihood of success on the merits; (2) a significant risk that it will suffer irreparable harm; (3) the harm it will suffer outweighs any harm that injunctive relief will cause to the defendants; and (4) the public interest weighs in favor of injunctive relief). The Court therefore ORDERS that the Government shall not transfer Petitioner outside of Puerto Rico during the pendency of this case. The Court further ORDERS that Petitioner be granted a bond hearing before an Immigration Judge, no later than April 10, 2026. The Government shall inform by April 14, 2026 whether such bond hearing has been held and its outcome. See Cruz-Santana et al v. Gonzalez-Ramos et al., 26-cv-01028-GMM, Dkt. No. 7. This Order grants only temporary injunctive relief and does not adjudicate the merits of 1 Emergency Petition for Writ of Habeas Corpus. Signed by Judge Maria Antongiorgi-Jordan on 3/27/2026. (mr) (Entered: 03/27/2026)

#6

Mar 27, 2026

Notice of Appearance

#7

Mar 27, 2026

Dismiss/Lack of Jurisdiction AND Reconsideration

Mar 27, 2026

Order

Mar 27, 2026

Order AND ~Util - Add and Terminate Attorneys - for Order Entry

#8

Mar 28, 2026

Response to Motion

#9

Mar 28, 2026

Requesting Order

#10

Mar 29, 2026

Leave to File Document

#11

Mar 30, 2026

Informative Motion

#12

Mar 30, 2026

Temporary Restraining Order

#13

Mar 30, 2026

ORDER denying as moot 9 Motion requesting Order. See ECF 11 . Signed by Judge Maria Antongiorgi-Jordan on 3/30/2026. (mr) (Entered: 03/30/2026)

#14

Mar 30, 2026

ORDER noting 11 "INFORMATIVE Motion regarding Production of Unredacted Exhibits to Docket No 7 filed." Signed by Judge Maria Antongiorgi-Jordan on 3/30/2026. (mr) (Entered: 03/30/2026)

#15

Mar 30, 2026

ORDER denying 12 "MOTION for Temporary Restraining Order." Plaintiff is represented by counsel. Therefore, the Court will not entertain any motions filed pro se. Plaintiff is reminded all filings shall be done through counsel of record. Signed by Judge Maria Antongiorgi-Jordan on 3/30/2026. (mr) Modified on 3/30/2026 to correct docket order(mr). (Entered: 03/30/2026)

#16

Mar 30, 2026

ORDER granting 10 MOTION for Leave to File Document Reply to Petitioner's Opposition to Reconsideration Docket No. 8 filed by United States of America, United States Department of Homeland Security. Respondent shall file any reply to ECF 8 by 4/1/2026. Signed by Judge Maria Antongiorgi-Jordan on 3/30/2026. (mr) (Entered: 03/30/2026)

Mar 30, 2026

Order on Informative Motion

Mar 30, 2026

Order

Mar 30, 2026

Order on Motion requesting Order

Mar 30, 2026

Order on Motion for Leave to File

#17

Mar 31, 2026

Submitting

#18

Mar 31, 2026

Summons Issued

#19

Apr 01, 2026

Reply to Motion

#20

Apr 01, 2026

Sur Reply to Motion

#21

Apr 05, 2026

Leave to File Document

#22

Apr 06, 2026

ORDER granting: 21 "Motion for Leave to File Document." Signed by Judge Maria Antongiorgi-Jordan on 4/6/2026. (ao) (Entered: 04/06/2026)

#23

Apr 06, 2026

ORDER noting: 17 "Motion Submitting EOIR Status Check." Signed by Judge Maria Antongiorgi-Jordan on 4/6/2026. (ao) (Entered: 04/06/2026)

#24

Apr 06, 2026

Response to Motion

Apr 06, 2026

Order on Motion for Leave to File

Apr 06, 2026

Order on Motion Submitting

#25

Apr 09, 2026

Stay

#26

Apr 10, 2026

ORDER denying: 7 "Motion for Reconsideration." The "granting of a motion for reconsideration is an extraordinary remedy which should be used sparingly," and such motions are denied unless the movant "clearly establish[es] a manifest error of law or... present[s] newly discovered evidence." Salmon v. Lang, 57 F.4th 296, 323 (1st Cir. 2022). Petitioner alleges that he was detained in Puerto Rico at the time that he filed his motion, which Judge Mendez considered to be a habeas petition. (ECF No. 8 at 5); Sena v. ASSMCA, Civ. No. 26-1042 (GMM) at ECF No. 10 (Mar. 26, 2026). Respondents' argument that the clerk "sua sponte backdate[d] the [habeas petition]," is unavailing. (ECF No. 19 at 1). The habeas petition was dated and filed on March 24 (ECF No. 1 at 4); see also Civ. No. 26-1042 at ECF No. 9, at which point Petitioner alleges he was still detained in Puerto Rico. (ECF No. 8 at 5). The petition was thus properly filed in Puerto Rico. See Vasquez v. Reno 233 F.3d 688, 690-91 (1st Cir. 2000) (noting that the writ must be filed in the jurisdiction where the petitioner is currently detained). Nor does the transfer of Petitioner to Florida after the habeas was properly filed strip the court of jurisdiction. See Williams v. Warden, FCI Berlin, 786 F. Supp. 3d 436, 450 (D.N.H. 2025) ("[W]here a district court acquires initial jurisdiction over a § 2241 petition brought by a person in federal custody challenging his present physical confinement, the post-filing transfer of the petitioner out of the district does not destroy that jurisdiction so long as a person with the power to effectuate the petitioner's release may be reached by service of process."); Rumsfeld v. Padilla, 542 U.S. 426, 458 (2004) ("All Members of this Court agree that... if jurisdiction was proper when the petition was filed, it cannot be defeated by a later transfer of the prisoner to another district.") (Stevens, J., dissenting). Respondents' arguments pertaining to the substantive basis for the temporary restraining order are likewise unavailing and premature at this stage. Signed by Judge Maria Antongiorgi-Jordan on 4/10/2026. (ao) (Entered: 04/10/2026)

#27

Apr 10, 2026

ORDER vacating: re 5 "Order." Petitioner has not named the correct respondents in this action. A petitioner is required to name his "immediate custodian" as the respondent. Rumsfeld v. Padilla, 542 U.S. 426, 43435 (2004). The "default rule" is that the immediate custodian is the warden of the facility where the prisoner is being held. Id. at 435. Now that Petitioner is represented by counsel, counsel for petitioner must substitute the correct defendants or show cause as to why this case should not be dismissed by 4/14/2026. Signed by Judge Maria Antongiorgi-Jordan on 4/10/2026. (ao) (Entered: 04/10/2026)

#28

Apr 10, 2026

In Compliance

#29

Apr 10, 2026

Amend/Correct

#30

Apr 10, 2026

ORDER noting and granting: 28 "Motion In Compliance." Signed by Judge Maria Antongiorgi-Jordan on 4/10/2026. (ao) (Entered: 04/10/2026)

#31

Apr 10, 2026

ORDER noting and granting: 29 "Motion to Amend Writ of Habeas Corpus." Signed by Judge Maria Antongiorgi-Jordan on 4/10/2026. (ao) (Entered: 04/10/2026)

Apr 10, 2026

Order AND ~Util - Set Deadlines/Hearings

Apr 10, 2026

Order on Motion for Reconsideration AND Order on Motion to Dismiss/Lack of Jurisdiction

Apr 10, 2026

Order on Motion In Compliance

Apr 10, 2026

Order on Motion to Amend/Correct

#32

Apr 14, 2026

Submitting

#33

Apr 14, 2026

ORDER granting: 32 "Motion Submitting Summons to be Issued." Signed by Judge Maria Antongiorgi-Jordan on 4/14/2026. (ao) (Entered: 04/14/2026)

#34

Apr 14, 2026

Requesting Order

#35

Apr 14, 2026

Memorandum in Opposition

Apr 14, 2026

Order on Motion Submitting

#36

Apr 15, 2026

ORDER granting: 34 "Motion Requesting Order that Petitioner be Transferred back to Puerto Rico while the Court Reviews the Amended Habeas Corpus." Signed by Judge Maria Antongiorgi-Jordan on 4/15/2026. (ao) (Entered: 04/15/2026)

#37

Apr 15, 2026

Summons Issued

#38

Apr 15, 2026

ORDER. According to 29 "Amended Writ of Habeas Corpus," Petitioner has been denied an opportunity for a bond hearing. Respondents' contention that Petitioner is an "arriving alien" under 8 U.S.C. Section 1225(b) and thus not entitled to a bond hearing is contradicted by the petition and unavailing at this juncture; Petitioner was detained on March 26, 2026 within Puerto Rico and not at a port of entry. Because Petitioner was detained while residing in the United States, 8 U.S.C. Section 1226(a) likely governs, rendering detention discretionary and entitling petitioner to a bond hearing. See Cruz-Santana et al v. Gonzalez-Ramos et al., 26-cv-01028-GMM, Dkt. No. 7 . If the facts alleged in the instant petition are true, Petitioner may suffer the irreparable harm of an unlawful detention. See San Juan Cable LLC v. Telecommunications Regulatory Bd. of Puerto Rico, 598 F. Supp. 2d 233 (D.P.R. 2009) (a party moving for temporary restraining order bears the burden to show: (1) a substantial likelihood of success on the merits; (2) a significant risk that it will suffer irreparable harm; (3) the harm it will suffer outweighs any harm that injunctive relief will cause to the defendants; and (4) the public interest weighs in favor of injunctive relief). The Court therefore ORDERS that Respondents shall grant Petitioner a bond hearing before an Immigration Judge no later than 4/22/2026. Respondents shall inform by 4/24/2026, whether such bond hearing has been held and its outcome. This Order grants only temporary injunctive relief and does not adjudicate the merits of 29 "Amended Writ of Habeas Corpus."Signed by Judge Maria Antongiorgi-Jordan on 4/15/2026. (ao) (Entered: 04/15/2026)

Apr 15, 2026

Order AND ~Util - Set Deadlines/Hearings

Apr 15, 2026

Order on Motion requesting Order

#39

Apr 17, 2026

Reconsideration

#40

Apr 17, 2026

Informative Motion

#41

Apr 20, 2026

ORDER noting: 40 "Informative Motion Regarding Petitioner's Transfer." Signed by Judge Maria Antongiorgi-Jordan on 4/20/2026. (ao) (Entered: 04/20/2026)

#42

Apr 20, 2026

***VACATED AS PER ECF NO. 50 ORDER***ORDER noting: 39 "Motion for Reconsideration" and amending the Court's Order at ECF No. 38 . Respondents have raised a question as to whether Petitioner is an "arriving alien" subject to mandatory detention. The portion of the Court's Order at ECF No. 38 setting deadlines for Respondents to hold a bond hearing and inform as to its result is suspended pending resolution of the "Motion for Reconsideration." By 4/24/2026, counsel for Petitioner shall respond to Respondents' "Motion for Reconsideration" and present argument as to whether Petitioner is an "arriving alien" as defined under 8 C.F.R. § 1.2 and subject to mandatory detention without a bond hearing. Signed by Judge Maria Antongiorgi-Jordan on 4/20/2026. (ao) Modified on 4/28/2026. (arg) (Entered: 04/20/2026)

#43

Apr 20, 2026

Response to Motion

Apr 20, 2026

Order on Motion for Reconsideration

Apr 20, 2026

Order on Informative Motion

#44

Apr 22, 2026

Leave to File Document

#45

Apr 22, 2026

Requesting Order

#46

Apr 22, 2026

ORDER granting: 44 "Motion for Leave to File Document." Signed by Judge Maria Antongiorgi-Jordan on 4/22/2026. (ao) (Entered: 04/22/2026)

#47

Apr 22, 2026

Reply to Motion

#48

Apr 22, 2026

Informative Motion

Apr 22, 2026

Order on Motion for Leave to File

#49

Apr 23, 2026

ORDER noting: 48 "Informative Motion." Signed by Judge Maria Antongiorgi-Jordan on 4/23/2026. (ao) (Entered: 04/23/2026)

Apr 23, 2026

Order on Informative Motion

#50

Apr 27, 2026

AMENDED ORDER vacating Court's Orders at ECF Nos. 38 and 42, granting: 39 "Motion for Reconsideration," and denying: 29 -1 "Amended Writ of Habeas Corpus." The Court notes that there is an open question over whether an arriving alien whose admission is deferred and is subsequently released on their own recognizance is subject to mandatory detention under 8 U.S.C. § 1225(b). See, e.g., Coalition for Humane Immigrant Rights v. Noem, 805 F. Supp. 3d, 48, 85 (D.D.C. 2025) (noting that "section 1182(d)(5)(A) does not... say that parolees return, upon the termination or expiration of their parole, to the position of an applicant for admission standing at the threshold of entry."); Jennings v. Rodriguez, 583 U.S. 281, 303 (2018) ("§ 1226 applies to aliens already present in the United States."). Upon further review, this Court need not determine the bounds of 8 U.S.C. § 1225(b) to resolve Respondents' Motion for Reconsideration. Even if Petitioner is not an arriving alien or seeking admission under § 1225(b), Petitioner is not entitled to be released on bond under § 1226(a), which explicitly carves out those individuals falling under § 1226(c). Petitioner has admitted that he is inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I). (ECF No. 7-6). He is therefore subject to mandatory detention under § 1226(c)(1)(A). See Jennings, 583 U.S. at 283 ("§ 1226(c) makes clear that detention of aliens within its scope must continue pending a decision on removal."). As such, the Court finds that Petitioner is not entitled to relief. See Demore v. Kim, 5389 U.S. 510 (2003) (holding that the scheme of mandatory detention under § 1226(c) does not violate due process). Accordingly, 39 "Motion for Reconsideration" is GRANTED and 29 -1 "Amended Writ of Habeas Corpus" is DENIED without prejudice. Signed by Judge Maria Antongiorgi-Jordan on 4/27/2026.(ao) (Entered: 04/27/2026)

Apr 27, 2026

Order

#51

Apr 28, 2026

Judgment AND ~Util - Terminate Motions

#52

Apr 30, 2026

Reconsideration

#53

May 05, 2026

RESPONSE in Opposition filed by Todd Blanche, Kevin Guthrie, Todd Lyons, Markwayne Mullin, Garrett J. Ripa, United States Department of Homeland Security, United States of America Re: 52 MOTION for Reconsideration re 51 Judgment, Terminate Motions filed by Ramon Sena-Alcantara filed by Todd Blanche, Kevin Guthrie, Todd Lyons, Markwayne Mullin, Garrett J. Ripa, United States Department of Homeland Security, United States of America. (Lopez-Rivera, Rafael) Modified on 5/6/2026 to correct event and edit text title. (arg). (Entered: 05/05/2026)

#54

May 07, 2026

ORDER denying: 52 "Motion for Reconsideration." Petitioner argues in his brief that "[w]hile Jennings [v. Rodriguez] forecloses the possibility of release on recognizance for individuals detained under §§ 1225(b) and 1226(c), [Coalition for Humane Immigrant Rights v.] Noem leaves open the potential for discretionary release under [§ 1226(a)] for individuals not subject to mandatory detention." (ECF No. 52 at 4). Once again, Petitioner ignores that his qualifying criminal conviction renders him ineligible for relief under § 1226(a). Even if Petitioner had been detained under § 1225(b) and released under § 1182(d)(5)(A)'s "urgent humanitarian reasons or significant public benefit" exception, as he appears to argue, he points to no authority suggesting he is entitled to a bond hearing if subsequently detained after being paroled under this exception. Petitioner does not have any legal path before this Court to the relief requested, nor has he "clearly establish[ed] a manifest error of law or... present[ed] newly discovered evidence." Salmon v. Lang, 57 F.4th 296, 323 (1st Cir. 2022). Accordingly, the "Motion for Reconsideration" is DENIED. Signed by Judge Maria Antongiorgi-Jordan on 5/7/2026. (ao) (Entered: 05/07/2026)

May 07, 2026

Order on Motion for Reconsideration