District of Massachusetts • 1:26-cv-11868

#1

Apr 23, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11697611 Fee status: Filing Fee paid., filed by Jeinson Rojas Restrepo. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 PHV Motion, # 4 PHV Proposed Order, # 5 TRO Motion, # 6 TRO Brief)(Romeiro, Fernanda) (Entered: 04/23/2026)

#2

Apr 24, 2026

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: 04/24/2026)

#3

Apr 24, 2026

Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 04/24/2026)

#4

Apr 24, 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). (SEC) (Entered: 04/24/2026)

#5

Apr 24, 2026

Assented to MOTION for Extension of Time to 4/29/2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin.(Farquhar, Rayford) (Entered: 04/24/2026)

#6

Apr 24, 2026

Judge Indira Talwani: ELECTRONIC ORDER entered granting 5 Motion for Extension of Time to File Response/Reply Responses due by 4/29/2026 (Talwani, Indira) (Entered: 04/24/2026)

Apr 24, 2026

Notice of Case Assignment

Apr 24, 2026

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

#7

Apr 27, 2026

Notice of Appearance

#8

Apr 28, 2026

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

#9

May 12, 2026

Memorandum & Order

#10

May 20, 2026

Status Report

#11

May 20, 2026

Enforce Judgment

#12

May 20, 2026

Objection - not related to a motion

#13

May 20, 2026

Judge Indira Talwani: ELECTRONIC ORDER: On May 12, 2026, the court granted Petitioner's Petition for Writ of Habeas Corpus and ordered the Petitioner be either released or "provide[d] a constitutionally-adequate bond hearing pursuant to 8 U.S.C. § 1226(a) and Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)." See Order 2–3 [Doc. No. 9 ]. On May 18, 2026, the Chelmsford Immigration Court held a bond hearing and denied Petitioner bond on the basis that he posed "a flight risk by the preponderance of the evidence and there is no bond amount that will mitigate his risk of flight." Resp.'s Status Report, Ex. 1 (Immigration Judge Decision) [Doc. No. 10-1].Based on the record before this court, the Immigration Court based its "flight risk" determination on Petitioner having received a negative credible fear determination, affirmed by an Immigration Judge, and DHS's conclusion that Petitioner is eligible for expedited removal. Pet.'s Mot., Ex. B at 12 (Unofficial Transcript) [Doc. No. 11-2].Due process requires that the government prove this Petitioner's "flight risk by a preponderance of the evidence" during a custody redetermination hearing. Hernandez-Lara, 10 F.4th at 46. A denial of release based solely on a negative credible fear determination and expedited removal status substitutes a categorical legal determination for review of the specific factual evidence relevant to this Petitioner's risk of flight, as required by due process. Accordingly, where the Immigration Court did not find that Petitioner posed a danger, and found risk of flight without providing Petitioner with a constitutionally-adequate bond hearing, the court orders Petitioner's release from custody no later than May 22, 2026. The Immigration Court may set conditions appropriate for Petitioner's release. See 8 C.F.R. § 241.5. (MAP) (Entered: 05/20/2026)

May 20, 2026

Order AND ~Util - Terminate Motions

#14

May 21, 2026

Clarification

May 21, 2026

Order on Motion for Clarification