District of Massachusetts • 1:26-cv-11587

Bermello-Foyain v. Moniz

Active

Case Information

Filed: April 03, 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
Active
Last Activity: April 07, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 03, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11656676 Fee status: Filing Fee paid., filed by Bryan Fernando Bermello-Foyain. (Attachments: # 1 Civil Cover Sheet Civil Cover, # 2 Category Form Category Form)(Silva, Jonatas) (Main Document 1 replaced on 4/6/2026) (NMC). (Additional attachment(s) added on 4/6/2026: # 3 Exhibit 1, # 4 Exhibit 2) (NMC). (Entered: 04/03/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Apr 06, 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 Paul G. Levenson. (SEC) (Entered: 04/06/2026)
#3
Apr 06, 2026
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (MBM) (Entered: 04/06/2026)
Main Document: General Order 19-02
#4
Apr 06, 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 Tuesday, April 7, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 3:00 p.m. on Thursday, April 9, 2026.(MBM) (Entered: 04/06/2026)
Main Document: Service Order-2241 Petition
#5
Apr 06, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition mailed to all respondents on 4/6/2026. (MBM) (Entered: 04/06/2026)
#6
Apr 06, 2026
NOTICE of Appearance by Mark Sauter on behalf of Timothy Baptiste, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Markwayne Mullin (Sauter, Mark) (Entered: 04/06/2026)
Main Document: Notice of Appearance
Apr 06, 2026
Notice of Case Assignment
Apr 06, 2026
Copy Mailed
#7
Apr 07, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), Abbreviated by Timothy Baptiste, Patricia Hyde, Michael Krol, Todd Lyons, Antone Moniz, Markwayne Mullin. (Sauter, Mark) (Entered: 04/07/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Apr 07, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal and factual issues presented in this Petition appear similar to those examined by another session of this Court in Siguenza v. Moniz, No. 25-CV-11914-ADB, 2025 WL 2734704, at *3 (D. Mass. Sept. 25, 2025) where the Court concluded that ‘[8 U.S.C.] § 1231(a)(6) no longer authorizes [p]etitioner's detention because there is no significant likelihood that he will be removed in the reasonably foreseeable future.’” Dkt. 7 at 1. Accordingly, for the reasons stated in Siguenza, the Court GRANTS this Petition and ORDERS that Petitioner be immediately released, subject to an Order of Supervision as authorized by 8 U.S.C. s. 1231(a)(3). (MBM) (Entered: 04/07/2026)
#9
Apr 07, 2026
Judge Brian E. Murphy: ORDER entered. FINAL JUDGMENT... In accordance with this Court’s Order (ECF #8) issued on April 7, 2026, granting the Petitioner’s Writ of Habeas Corpus, it is hereby ORDERED: Judgment for the Petitioner against the Respondents. (MBM) (Entered: 04/07/2026)
Main Document: Judgment
Apr 07, 2026
Order

Parties

Bermello-Foyain
Party
Moniz
Party