District of Massachusetts • 1:26-cv-12002

Boscan Hidalgo v. Moniz

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Case Information

Filed: May 04, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: May 12, 2026
Parties: View All Parties →

Docket Entries

#1
May 04, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11717675 Fee status: Filing Fee paid., filed by Samuel Jose Boscan Hidalgo. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Category Form)(Salazar, Cindy) (Main Document 1 replaced on 5/4/2026) (JAM). (Entered: 05/04/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 04, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 M. Page Kelley. (JAM) (Entered: 05/04/2026)
#3
May 04, 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). (JAM) (Entered: 05/04/2026)
Main Document: General Order 19-02
#4
May 04, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (JAM) (Entered: 05/04/2026)
Main Document: Order
#5
May 04, 2026
Emergency MOTION for Leave to Appear Pro Hac Vice for admission of Janelle Baptiste Filing fee: $ 125, receipt number AMADC-11718247 by Samuel Jose Boscan Hidalgo.(Salazar, Cindy) (Additional attachment(s) added on 5/4/2026: # 1 Certification) (JAM). Modified on 5/4/2026 to Separate Certification from Main Document (JAM). (Entered: 05/04/2026)
Main Document: Appear Pro Hac Vice
#6
May 04, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (JAM) (Entered: 05/04/2026)
Main Document: Order
#7
May 04, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241) and 6 Order emailed to AUSA Nicole O'Connor, Rayford Farquhar and USAMA Civil Process on 5/4/2026 at 12:24 PM and mailed to All Respondents on 5/4/2026. (JAM) (Entered: 05/04/2026)
#8
May 04, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Janelle Baptiste. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 05/04/2026)
#9
May 04, 2026
NOTICE of Appearance by Janelle Baptiste on behalf of Samuel Jose Boscan Hidalgo (Baptiste, Janelle) (Entered: 05/04/2026)
Main Document: Notice of Appearance
May 04, 2026
Order on Motion for Leave to Appear
May 04, 2026
Copy Mailed
May 04, 2026
Notice of Case Assignment
#10
May 07, 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 07, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Samuel Jose Boscan Hidalgo's Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that "the legal issues presented in this Petition are similar to those recently addressed" [Dkt. 10 at 1] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10], in which the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. (MAL) (Entered: 05/07/2026)
May 07, 2026
Order
#12
May 12, 2026
Status Report
Main Document: Status Report