District of Massachusetts • 1:26-cv-12241

#1

May 15, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11749288 Fee status: Filing Fee paid., filed by Roody Jean. (Attachments: # 1 Category Form Category Form for Habeas Corpus Petition, # 2 Civil Cover Sheet Civil Cover Sheet for Habeas Corpus Petition, # 3 Exhibit Exhibit 1 - Original I-94, # 4 Exhibit Exhibit 2 - 1st pg of asylum application, # 5 Exhibit Exhibit 3 - Notice of 3-11-2025 immigration hearing, # 6 Exhibit Exhibit 4 - DHS arrest warrant document and amended I-94)(Dinsmore, Cathleen) (Main Document 1 replaced on 5/18/2026) (JAM). (Entered: 05/15/2026)

#2

May 18, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (SP) (Entered: 05/18/2026)

#3

May 18, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 05/18/2026)

#4

May 18, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to Antone Moniz, David Wesling, Todd Lyons, Markwayne Mullin and Todd Blanche on 5/18/2026. (JAM) (Entered: 05/18/2026)

#5

May 18, 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: 05/18/2026)

May 18, 2026

Copy Mailed

May 18, 2026

Notice of Case Assignment

#6

May 26, 2026

Notice of Appearance

#7

May 26, 2026

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

#8

Jun 02, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, Todd Blanche, Todd Lyons, Antone Moniz. Petitioner Roody Jean, a native of Haiti, applied for admission to the United States at the Port of Entry in San Ysidro, CA on June 27, 2024. He was paroled into the United States pursuant to 8 U.S.C. § 1182(d)(5) later that day. Although his parole was not scheduled to expire until June 26, 2026, petitioner was taken back into custody by immigration officials on May 6, 2026, after officers in Peabody arrested him for operating a motor vehicle on a suspended license.The court remains convinced that, in enacting the companion statutes, sections 1225(b)(1) and 1226(a), Congress intended to define two separate classes of detained immigrants -- those who have not been formally admitted to the United States because they lack documentation but were granted a deferral of expedited removal while their asylum claim is being adjudicated, and those who are detained after having established residence in the United States but are subsequently placed in removal proceedings. For the latter class, detention is discretionary, and they are eligible for release on bond while their removal proceeding is concluded or terminated. For the former expedited removal class, upon expiration of their parole, with rare exception, he or she is restored to his or her pre-parole status for whom detention is automatic. Petitioner has until June 9, 2026, to show cause why his detention is not governed by section 1225(b)(1) and his petition should not be dismissed.(MZ) (Entered: 06/02/2026)

Jun 02, 2026

Order

#9

Jun 08, 2026

Response to Order to Show Cause

#10

Jun 11, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Order to Show Cause. Petitioner Roody Jean, a Haitian citizen, applied for admission to the United States at the San Ysidro, California Port of Entry on June 27, 2024, and was released into the country on a humanitarian parole. Although his parole expired on April 24, 2026, the government did not seek his return to custody pursuant to 8 U.S.C. § 1182(d)(5). Instead, on May 6, 2026, ICE arrested petitioner pursuant to a Form I-200 following his arrest by Peabody police for driving with a suspended license. The court agrees with petitioner that, because the government voluntarily elected to detain petitioner based on a Form I-200 rather than the expiration of his parole, his detention is governed by 8 U.S.C. § 1226(a), and he is entitled to a bond hearing.The court orders that defendants facilitate a bond hearing for petitioner before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case later than Thursday, June 18, 2026.(MZ) (Entered: 06/11/2026)

Jun 11, 2026

Order

#11

Jun 29, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered - The government was to schedule Petitioner Roody Jean a bond hearing no later than Thursday, June 18, 2026. The court asks the parties to report the results of that hearing. (MZ) (Entered: 06/29/2026)

#12

Jun 29, 2026

Status Report

Jun 29, 2026

Order

#14

Jun 30, 2026

Order Dismissing Case

Jun 30, 2026

Order