District of Massachusetts • 1:25-cv-13273

#1

Nov 04, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11339886 Fee status: Filing Fee paid., filed by Felicita 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 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 Jessica D. Hedges. (NMC) (Entered: 11/05/2025)

#3

Nov 05, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 11/05/2025)

#4

Nov 05, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Patricia Hyde, Todd M Lyons, Kristi L. Noem on 11/5/2025. (JAM) (Entered: 11/05/2025)

Nov 05, 2025

Notice of Case Assignment

Nov 05, 2025

Copy Mailed

#5

Nov 07, 2025

Notice of Appearance

#6

Nov 10, 2025

Notice of Appearance

#7

Nov 11, 2025

Miscellaneous Relief

#8

Nov 11, 2025

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

#9

Nov 12, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 7 Unopposed Motion for authorization to transfer habeas petitioner Felicita Escobar de Vasquez as soon as possible, to the Chittenden Regional Correctional Facility, 7 Farrell Street, South Burlington, Vermont, from ICE Enforcement and Removal Operations in Burlington, Massachusetts, because of the lack of an appropriate ICE facility for women in Massachusetts. Respondents do not contest that this court will retain jurisdiction and venue over this habeas case. (MZ) (Entered: 11/12/2025)

#10

Nov 12, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi Noem, Donald J Trump, Patricia Hyde, Todd Lyons, Pamela Bondi. Petitioner Felicita Escobar de Vasquez, a/k/a known as Felicita Valladares, asserts that her custody is governed by 8 U.S.C. § 1226(a), which provides for discretionary detention and a right to an individualized bond hearing. The government maintains its position that "because Petitioner is an applicant for admission, which means 8 U.S.C. § 1225(b)(2)(A) authorizes Petitioner's detention, and the due process clause provides Petitioner only those rights conferred by statute." Gov't. Resp. at 3.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 Felicita Escobar de Vasquez 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 ten (10) days from the date of this Order). (MZ) (Entered: 11/12/2025)

Nov 12, 2025

Order on Motion for Miscellaneous Relief

Nov 12, 2025

Order