District of Massachusetts • 1:25-cv-13271

#1

Nov 04, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11339878 Fee status: Filing Fee paid., filed by Hector Valladares. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Dill, Nicole) (Entered: 11/04/2025)

#2

Nov 05, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (NMC) (Entered: 11/05/2025)

#3

Nov 05, 2025

Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Additional attachment(s) added on 11/5/2025: # 1 *Sealed* Appendix) (SEC). (Entered: 11/05/2025)

#4

Nov 05, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (SEC) (Entered: 11/05/2025)

Nov 05, 2025

Notice of Case Assignment

#5

Nov 06, 2025

Notice of Appearance

#6

Nov 06, 2025

Extension of Time to File Response/Reply

Nov 06, 2025

Order on Motion for Extension of Time to File Response/Reply

#8

Nov 07, 2025

Notice of Appearance

#9

Nov 13, 2025

Stay

Nov 13, 2025

Order on Motion to Stay

#11

Nov 20, 2025

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

#12

Nov 20, 2025

Notice - Other

#13

Nov 21, 2025

Stay

#15

Nov 24, 2025

Amended Document - NOT Motion

Nov 24, 2025

Order on Motion to Stay

#16

Dec 03, 2025

Judge Indira Talwani: ELECTRONIC ORDER: Respondents shall answer or otherwise respond to Petitioner's Amended Petition for Writ of Habeas Corpus [ 15 ] within 72 hours of the issuance of this order. Petitioner may file any reply within 48 hours of Respondents' filing of an answer or response. If either of the time periods stated in hours "would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday." Fed. R. Civ. P. 6(a)(2)(C).(SEC) (Entered: 12/03/2025)

Dec 03, 2025

Order

#17

Dec 04, 2025

Notice of Appearance

#18

Dec 08, 2025

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

#19

Dec 18, 2025

Notice - Other

#20

Dec 19, 2025

Judge Indira Talwani: ELECTRONIC ORDER: On November 5, 2025, the court entered an Order Concerning Service of Petition and Stay of Transfer or Removal [ 3 ] asserting jurisdiction to determine the court’s jurisdiction to address Petitioner’s Petition for Writ of Habeas Corpus [ 1 ] and staying Petitioner’s transfer to another district or outside of the United States without advance notice by the government. Petitioner subsequently filed an Amended Petition for Writ of Habeas Corpus [ 15 ] challenging his detention on various grounds and stating, inter alia, that Petitioner was ordered removed in absentia in 2007 and that Petitioner “is in the process of preparing a motion to reopen his removal proceedings based on lack of notice.” Id. at ¶¶ 22, 26.In their response, Respondents acknowledge that Petitioner’s avenue of review of the removal order issued in absentia would include filing a motion to reopen with an immigration judge and that the filing of such a motion would stay the removal pending disposition of the motion. Opp’n 4 [ 18 ]. Respondents note further that Petitioner could appeal an immigration judge’s decision on a motion to reopen to the Board of Immigration Appeals, and that an order of removal issued by an immigration judge becomes a final order of removal upon dismissal of such an appeal. Id. at 3-4. Nothing in the record before the court suggests, however, that Petitioner has filed such a motion to reopen or any subsequent appeal.On December 18, 2025, where the court has not yet ruled on the Amended Petition [ 15 ], Respondents filed a Notice of Intent to Transfer to Effectuate Removal Order [ 19 ]. Respondents state that ICE intends to transfer Petitioner from the District on December 24, 2025, “to stage Petitioner prior to effectuating [his] final order of removal to occur on or after January 4, 2026, with removal to El Salvador,” id., and seek vacatur of this court’s November 5, 2025 Order [ 3 ]. As grounds therefor, Respondents assert that: (1) Petitioner is subject to a final order of removal, Not. of Intent to Transfer 1 [ 19 ]; (2) “transfer from Massachusetts is necessary to effectuate Petitioner’s final order of removal,” id.; and (3) this court is without jurisdiction to “‘hear any cause or claim by or on behalf of any alien arising from the decision or action by [ICE] to. . . execute removal orders against any alien under this chapter.’” Id. at 1-2 (quoting 8 U.S.C. § 1252(g)).In light of Respondents’ Notice of Intent to Transfer to Effectuate Removal Order [ 19 ], Petitioner shall show cause no later than noon on December 22, 2025, why this court should not vacate its Order [ 3 ] as requested by Respondents.(SEC) (Entered: 12/19/2025)

Dec 19, 2025

Order

#21

Dec 22, 2025

Response to Order to Show Cause

#22

Dec 23, 2025

Judge Indira Talwani: MEMORANDUM AND ORDER entered. See attached.Accordingly, Respondents' request for the court to vacate the November 5, 2025 Order Concerning Service of Petition and Stay of Transfer or Removal< /u> [Doc. No. 3 ], see Not. of Intent to Transfer to Effectuate Removal Order [Doc. No. 19 ], is DENIED. Petitioner's Amended Petition [Doc. No. 15 ] is GRANTED as follows: No later than December 31, 2025, Petitioner must be pro vided a bond hearing pursuant to 8 U.S.C. § 1226 or, if the immigration judge declines to conduct a bond hearing based on Matter of Yajure Hurtado, 29 I&N Dec. 216 (B.I.A. 2025), Respondents shall so advise the court by that date so that this court may conduct the bond hearing. Any decision by the immigration judge to retain Petitioner in custody following a bond hearing pursuant to 8 U.S.C. § 1226 shall set forth the reasons for the continued detention.Respondents shall submit a status report on this matter no later than January 5, 2026.IT IS SO ORDERED.(SEC)

#23

Dec 31, 2025

Status Report

#24

Jan 02, 2026

MOTION for Order to Show Cause and Petitioner's Immediate Release by Hector Valladares.(Dill, Nicole) (Entered: 01/02/2026)

#25

Jan 04, 2026

Judge Indira Talwani: ELECTRONIC ORDER: On December 31, 2025, Respondents filed a Status Report [ 23 ] advising the court that an Immigration Judge had denied bond that day. Id. at 1. On January 2, 2026, Petitioner filed a Motion for Order to Show Cause and for Petitioners Immediate Release [ 24 ]. No later than January 9, 2026, Respondents shall file a response to Petitioner's Motion [ 24 ]. Respondents' response shall include a status report as to any subsequent orders by the Immigration Judge and, if the motion to reopen is denied and an appeal is filed, any orders by the Board of Immigration Appeals. See Status Report [ 23 ] at 2, n. 1 (noting that the Immigration Judge stated that she intended to rule on the motion to reopen on January 5, 2026). (Talwani, Indira) (Entered: 01/04/2026)

Jan 04, 2026

Order

#26

Jan 09, 2026

Opposition to Motion

#27

Jan 09, 2026

Reconsideration