District of Massachusetts • 1:26-cv-11915

Gabarrete Serrano v. Lyons

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Case Information

Filed: April 28, 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: May 21, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 28, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11706083 Fee status: Filing Fee paid., filed by Oscar Geovany Gabarrete Serrano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 04/28/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Apr 28, 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 Donald L. Cabell. (JKK) (Entered: 04/28/2026)
#3
Apr 28, 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: 04/28/2026)
Main Document: General Order 19-02
#4
Apr 28, 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 1:00 p.m. on Wednesday, April 29, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, May 1, 2026. (MBM) (Entered: 04/28/2026)
Main Document: Service Order-2241 Petition
#5
Apr 28, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition mailed to all respondents on 4/28/2026. (MBM) (Entered: 04/28/2026)
Apr 28, 2026
Notice of Case Assignment
Apr 28, 2026
Copy Mailed
#6
Apr 29, 2026
NOTICE by Todd Lyons re 4 Service Order - 2241 Petition,, Re Guerrero Orellana Class Membership (Attachments: # 1 Exhibit I-871)(Tolkoff, Benjamin) (Entered: 04/29/2026)
Main Document: Notice - Other
#7
Apr 29, 2026
NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd Blanche, Patricia Hyde, Todd Lyons, Markwayne Mullin, Sirce Owen (Tolkoff, Benjamin) (Entered: 04/29/2026)
Main Document: Notice of Appearance
#8
May 01, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
May 07, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioner is ordered to respond to Respondents’ filing indicating that Petitioner is subject to a final order of removal and is therefore subject to detention pursuant to 8 U.S.C. s. 1231, Dkts. 6 -1, 8, on or before May 14, 2026. (MBM) (Entered: 05/07/2026)
May 07, 2026
Order
#10
May 14, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
May 21, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioner concedes that he “is subject to a final order of removal from the United States, as well as subject to reinstatement of this removal order as authorized by 8 U.S.C. [s.] 1231(a)(5), and that he has been detained for less than one month, since April 28, 2026. Dkt. 8 at 2, 4. Thus, Petitioner is still within the 90-day “removal period” during which “the Attorney General shall detain” him. 8 U.S.C. s. 1231(a)(1)(A), (2); see also Zadvydas v. Davis, 533 U.S. 678, 700–01 (2001) (recognizing a 6-month period during which detention of aliens under 8 U.S.C. s. 1231 is presumptively reasonable). Accordingly, the petition is DENIED. (MBM) (Entered: 05/21/2026)
#12
May 21, 2026
Judgment
Main Document: Judgment
May 21, 2026
Order