District of Massachusetts • 1:26-cv-11529

#1

Mar 31, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11647693 Fee status: Filing Fee paid., filed by Edwin Oswaldo Orellana-Esquivel.(Nam-Krane, Michael) (Main Document 1 replaced on 4/1/2026) (CM). (Additional attachment(s) added on 4/1/2026: # 1 Civil Cover Sheet, # 2 Category Form) (CM). (Entered: 03/31/2026)

#2

Mar 31, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Glenn L. Formica Filing fee: $ 125, receipt number AMADC-11647697 by Edwin Oswaldo Orellana-Esquivel.(Nam-Krane, Michael) (Entered: 03/31/2026)

#3

Mar 31, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (PK) (Entered: 03/31/2026)

#4

Apr 01, 2026

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 Jennifer C. Boal. (CM) (Entered: 04/01/2026)

#5

Apr 01, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 04/01/2026)

#6

Apr 01, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 5 Order mailed to Joseph D. McDonald, Jr.,Todd Lyons, Markwayne Mullin and Pamela Jo Bondi on 4/1/2026. (JAM) (Entered: 04/01/2026)

Apr 01, 2026

Notice of Case Assignment

Apr 01, 2026

Copy Mailed

#7

Apr 03, 2026

Notice of Appearance

#8

Apr 08, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 2 Motion for Leave to Appear Pro Hac Vice Added Glenn L. Formica. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM) (Entered: 04/08/2026)

#9

Apr 08, 2026

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

Apr 08, 2026

Order on Motion for Leave to Appear

#10

Apr 09, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, Joseph D. McDonald, Jr., and Todd Lyons. Petitioner Edwin Oswaldo Orellana-Esquivel was paroled under 8 U.S.C. § 1182(d)(5), which by its plain text provides for an alien to return "to the custody from which he was paroled" once parole is revoked. Petitioner is ordered to show cause by April 20, 2026, why his detention is nonetheless unlawful and his case should not be dismissed. (MZ) (Entered: 04/09/2026)

Apr 09, 2026

Order

#11

Apr 20, 2026

Response to Court Order

#12

Apr 21, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Response to Court Order filed by Edwin Oswaldo Orellana-Esquivel. Petitioner Edwin Oswaldo Orellana-Esquivel, a Guatemalan citizen, was detained while entering the country in 2023 and subsequently released on a one-year humanitarian parole pending a credible fear interview. Although his parole expired in December of 2024, the government did not seek his return to custody pursuant to 8 U.S.C. § 1182(d)(5). Instead, nearly a year later, on November 13, 2025, ICE agents arrested petitioner as inadmissible and served him with him with a Notice to Appear in removal proceedings. The court agrees with petitioner that, because the government voluntarily elected to pursue his removal through removal proceedings rather than the expedited process delineated in 8 U.S.C. § 1225(b), his detention is governed by 8 U.S.C. § 1226(a), and he is entitled to a bond hearing.The court orders that defendants facilitate a bond hearing for petitioner 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 later than Monday, April 27, 2026. (MZ) (Entered: 04/21/2026)

Apr 21, 2026

Order

#13

Apr 29, 2026

Status Report

#14

May 01, 2026

Seal

#15

May 01, 2026

Memorandum in Support of Motion

May 04, 2026

Order on Motion to Seal