District of Massachusetts • 1:26-cv-11940

#1

Apr 29, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11710348 Fee status: Filing Fee paid., filed by Widler Beepen Emilus. (Attachments: # 1 Exhibit 1, I-94, # 2 Exhibit 2, Receipt Notice for I-821, # 3 Category Form, # 4 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 04/29/2026)

#2

Apr 30, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Jennifer C. Boal. (JKK) (Entered: 04/30/2026)

#3

Apr 30, 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). (FGD) (Entered: 04/30/2026)

#4

Apr 30, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 04/30/2026)

#5

Apr 30, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 4/30/2026. (FGD) (Entered: 04/30/2026)

Apr 30, 2026

Notice of Case Assignment

Apr 30, 2026

Copy Mailed

#6

May 05, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling (Canzoneri, Julian) (Entered: 05/05/2026)

#7

May 05, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Canzoneri, Julian) (Entered: 05/05/2026)

#8

May 05, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Wilder Beepen Emilus, a citizen of Haiti, has filed a petition pursuant to 28 U.S.C. § 2241 challenging his detention by the respondents. Doc. No. 1. Emilus alleges, and has submitted documents showing, that he was detained and then released by immigration officers when he entered the United States in 2023, was permitted until recently to remain at liberty on conditions of supervision imposed by the respondents, and has followed their instructions including by applying for Temporary Protected Status and obtaining work authorization. Emilus alleges he is now detained unlawfully despite his compliance with all obligations imposed by the respondents, without notice and without an individualized finding supporting his detention. He alleges no changes in circumstances, such as a violation of any conditions of his supervision or a recent arrest, and claims his detention violates the Constitution and federal statutes. The respondents do not contest the facts alleged by Emilus. See Doc. No. 7. They incorporate their legal arguments from prior cases, in which they defended the relevant noncitizens’ continued detention by claiming it was permitted (and, indeed, mandated) by 8 U.S.C. § 1225. As the Court concluded in those cases, and on the facts alleged here, Emilus is not subject to mandatory detention under Section 1225. His petition is therefore ALLOWED. Because the violation before the Court arises from the termination of Emilus’s release without any change in circumstances and without any process, let alone due process, the Court finds that ordering a bond hearing is not an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE Emilus, no later than 7 PM today, May 5, 2026, and they shall not retaliate against him for the filing of this habeas petition. The respondents shall file a status report tomorrow, May 6, 2026, confirming that Emilus has been released in compliance with this Order.(SED) (Entered: 05/05/2026)

May 05, 2026

Order

#9

May 06, 2026

Status Report

#10

May 06, 2026

Judgment