Active
Case Information
Filed: October 28, 2025
Assigned to:
Richard Gaylore Stearns
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
Petition for writ of habeas corpus
Active
Last Activity:
November 05, 2025
Parties:
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Docket Entries
#1
Oct 28, 2025
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11323591 Fee status: Filing Fee paid., filed by angel vicente macas avila. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(MacMurray, Kevin) (Entered: 10/28/2025)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Oct 28, 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 Donald L. Cabell. (JKK) (Entered: 10/28/2025)
#3
Oct 28, 2025
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 10/28/2025)
Main Document:
Order
#4
Oct 28, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem, Joseph D. McDonald, Jr., Sirce Owen and Pamela Bondi on 10/28/2025. (JAM) (Entered: 10/28/2025)
Oct 28, 2025
Notice of Case Assignment
Oct 28, 2025
Copy Mailed
#5
Oct 29, 2025
Notice of Appearance
Main Document:
Notice of Appearance
#6
Nov 04, 2025
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Nov 05, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241, filed by Kristi Noem, Patricia Hyde, Joseph D. McDonald, Jr., Sirce Owen, Todd Lyons, and Pamela Bondi.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 Angel Vincente Macas Avila 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 twelve (12) days from the date of this Order).(MZ) (Entered: 11/05/2025)
Nov 05, 2025
Order
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