District of Massachusetts • 1:26-cv-11658

Alvarez Betancur v. Wesling

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Case Information

Filed: April 08, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: April 24, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 08, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11666151 Fee status: Filing Fee paid., filed by Deimer Steven Alvarez Betancur. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Hargus, Daniela) Modified on 4/9/2026: to remove duplicate docket text (EZG). (Entered: 04/08/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Apr 09, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 Jessica D. Hedges. (SP) (Entered: 04/09/2026)
#3
Apr 09, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 04/09/2026)
Main Document: Service Order-2241 Petition
#4
Apr 09, 2026
Copy re 3 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Hillary Harnett, Rayford Farquhar, and USAMA Civil Process on 4/9/2026 at 9:21 AM and mailed to All Respondents (CEH) (Entered: 04/09/2026)
#5
Apr 09, 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). (CEH) (Entered: 04/09/2026)
Main Document: General Order 19-02
#6
Apr 09, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 04/09/2026)
Main Document: Order
Apr 09, 2026
Notice of Case Assignment
Apr 09, 2026
Copy Mailed
#7
Apr 14, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Apr 14, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Apr 14, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Deimer Steven Alvarez Betancur’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that “the legal issues presented in this Petition are similar to those recently addressed by this Court” [Dkt. 8] in Martinez Angulo v. Moniz, No. 26-CV-10302-AK (D. Mass. Apr. 2, 2026) [Dkt. 15], in which the Court held that full due process protections apply to non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(5), and that the Due Process Clause is violated when non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(5) are subject to mandatory detention without notice or opportunity to be heard. On the facts before it, the Court does not find reason to deviate from the analysis presented in Martinez Angulo. Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 04/14/2026)
Apr 14, 2026
Order
#10
Apr 23, 2026
Status Report
Main Document: Status Report
#11
Apr 24, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On April 14, 2026, this Court GRANTED Petitioner’s Habeas Petition. [Dkt. 9]. On April 23, 2026, Respondents provided a Status Report indicating that Petitioner had a bond hearing, was granted bond, and has been released. [Dkt. 10]. If Petitioner wishes to collect EAJA fees, Petitioner shall inform the Court of their intent within the next seven (7) calendar days and submit an EAJA application within ninety (90) days of the grant of Petitioner’s Habeas Petition. Absent Petitioner notifying the Court of their intent or the Parties otherwise objecting, the Court will terminate the suit.(CEH) (Entered: 04/24/2026)
Apr 24, 2026
Order