District of Massachusetts • 1:26-cv-11949

Cesario v. Moniz

Active

Case Information

Filed: April 30, 2026
Assigned to: Leo Theodore Sorokin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 14, 2026
Parties: View All Parties →

Docket Entries

#1
Apr 30, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11711722 Fee status: Filing Fee paid., filed by Tulio Vinicius Cesario. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Restuccia, Zachary) (Entered: 04/30/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#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. (CEH) (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)
Main Document: General Order 19-02
#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)
Main Document: Service Order-2241 Petition
#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
May 05, 2026
District Judge Leo T. Sorokin: ORDER entered. The Court has reviewed the petition and the answer filed today, in which the respondents acknowledge that Petitioner is eligible for a bond hearing conducted pursuant to 8 U.S.C. 1226(a). Doc. No. 7 . This concession was made on behalf of all respondents in this case and, therefore, is binding on ICE and the Departments of Homeland Security and Justice. In light of the foregoing, the Court construes—and ORDERS the respondents to likewise construe—the pending petition as conveying a request for a bond hearing before an immigration judge. The Court further ORDERS that such a hearing shall be scheduled (if it has not already been scheduled) to occur by Tuesday, May 12, 2026; that the legal standard governing such hearing is as established by the First Circuit in Hernandez-Lara v. Lyons; that, should the immigration judge find that the government has met its burden of proof as to flight or danger, they shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk; and that the respondents shall not retaliate against Petitioner for the filing of this action. The parties shall file a joint status report by Thursday, May 14, 2026, notifying the Court of whether a bond hearing has occurred and, if so, its outcome. The merits of the habeas petition remain under advisement pending receipt and review of that status report.(FGD)
#8
May 13, 2026
Status Report
Main Document: Status Report
#9
May 14, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 8 Status Report.The parties have reported that a bond hearing occurred, bond was set and paid, and the petitioner is no longer in detention. Doc. No. 8 . Accordingly, the petition is DISMISSED. (FGD) (Entered: 05/14/2026)
#10
May 14, 2026
District Judge Leo T. Sorokin: ORDER entered. ORDER DISMISSING CASE. (FGD) (Entered: 05/14/2026)
Main Document: Order Dismissing Case
May 14, 2026
Order