District of Massachusetts • 1:26-cv-12272

#1

May 18, 2026

PETITON for Writ of Habeas Corpus under 28 U.S.C. 2241 against D.H.S Department Homeland Security, Antone Moniz, filed by Luis Balmore Borja Bautista.(JAM) Modified on 5/19/2026 to edit docket text (CEH). (Entered: 05/19/2026)

#2

May 19, 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 Donald L. Cabell. (JAM) (Entered: 05/19/2026)

#3

May 19, 2026

District Judge Angel Kelley: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (jm) (Entered: 05/19/2026)

#4

May 19, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 05/19/2026)

#5

May 19, 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). (CEH) (Entered: 05/19/2026)

#6

May 19, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 05/19/2026)

#7

May 19, 2026

Copy re 1 Petition, 4 Service Order - 2241 Petition emailed to AUSA Michael Sady, Rayford Farquhar, Elona Toro, and USAMA Civil Process on 5/19/2026 at 10:33 am and mailed to all Respondents (CEH) (Entered: 05/19/2026)

#8

May 19, 2026

Copy re 3 PSSA Order 2, 4 Service Order - 2241 Petition, 6 Standing Order and AO 240 Form mailed to Luis Balmore Borja Bautista on 5/19/2026. (CEH) (Entered: 05/19/2026)

May 19, 2026

Copy Mailed

May 19, 2026

Notice of Case Assignment

#9

May 22, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of D.H.S Department Homeland Security, Antone Moniz (Engingro, Vincent) (Entered: 05/22/2026)

#10

May 22, 2026

MOTION for Extension of Time to May 28, 2026 to File Response/Reply to Habeas Petition by D.H.S Department Homeland Security, Antone Moniz.(Engingro, Vincent) (Entered: 05/22/2026)

#11

May 27, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 10 MOTION for Extension of Time to May 28, 2026 to File Response/Reply to Habeas Petition (CEH) (Entered: 05/27/2026)

May 27, 2026

Order on Motion for Extension of Time to File Response/Reply

#12

May 28, 2026

RESPONSE/ANSWER to Petition for Writ of Habeas Corpus 1 Complaint by D.H.S Department Homeland Security, Antone Moniz. (Engingro, Vincent) (Entered: 05/28/2026)

#13

May 28, 2026

MOTION to Seal Document 12 Response to Petition for Writ of Habeas Corpus - 2241 Exhibits by D.H.S Department Homeland Security, Antone Moniz.(Engingro, Vincent) (Entered: 05/28/2026)

#14

May 28, 2026

MOTION for Extension of Time to June 3, 2026 to supplement Response to Petition for Writ of Habeas Corpus by D.H.S Department Homeland Security, Antone Moniz.(Engingro, Vincent) (Entered: 05/28/2026)

#15

Jun 01, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Respondents Motion to Seal [Dkt. 13] and Motion for Extension of time [Dkt. 14] are GRANTED. The Court will allow Respondents to file their exhibits under Seal and to supplement their response to Petitioners Petition for Writ of Habeas Corpus by June 3, 2026.Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order) - in the caption of the document. (CEH) (Entered: 06/01/2026)

Jun 01, 2026

Order on Motion for Extension of Time AND Order on Motion to Seal Document

#16

Jun 03, 2026

RESPONSE TO COURT ORDER by D.H.S Department Homeland Security, Antone Moniz re 15 Order on Motion to Seal Document,,, Order on Motion for Extension of Time,, . (Engingro, Vincent) (Additional attachment(s) added on 7/20/2026: # 1 Exhibit 1- SEALED, # 2 Exhibit 2- SEALED) (CEH). (Entered: 06/03/2026)

#17

Jun 03, 2026

MOTION to Seal Document 16 Response to Court Order re Exhibits by D.H.S Department Homeland Security, Antone Moniz.(Engingro, Vincent) (Entered: 06/03/2026)

#18

Jun 05, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 17 MOTION to Seal Document 16 Response to Court Order re Exhibits Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order) - in the caption of the document. (CEH) (Entered: 06/05/2026)

Jun 05, 2026

Order on Motion to Seal Document

#19

Aug 13, 2026

NOTICE by D.H.S Department Homeland Security, Antone Moniz re 4 Service Order - 2241 Petition of Intent to Remove Petitioner (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 08/13/2026)

#20

Aug 14, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On May 18, 2026, Petitioner filed a pro se Petition for Writ of Habeas Corpus challenging his detention and seeking immediate release or, in the alternative, a bond hearing before an immigration judge. Respondents oppose the Petition, arguing that Petitioner’s detention is mandatory under 8 U.S.C. § 1226(c)(1)(A) because of his prior criminal conviction for an offense covered under 8 U.S.C § 1182(a)(2)(i)(II). Petitioner did not reply or contest Respondents’ reliance on § 1226(c) as a basis for his detention.Under 8 U.S.C. § 1226(c)(1)(A) the “Attorney General shall take into custody any alien who... is inadmissible by reason of having committed any offense covered in section 1182(a)(2) of this title.” Relevant to Petitioner’s circumstances, Section 1227(a)(2)(B)(i), in its pertinent parts, makes any noncitizen deportable who “at any time after admission has been convicted of a violation of... any law or regulation of a State the United States,... relating to a controlled substance..., other than a single offense involving possession for one’s own use of 30 grams or less of marijuana.” As a result, if a noncitizen is charged with inadmissibility under Sections 1227(a)(2)(B)(i), their detention is mandatory pursuant to Section 1226(c)(1)(B).Here, Petitioner is a native and citizen of El Salvador who entered the United States without admission or parole in 2017. He was arrested and detained by ICE on or about December 11, 2024. On February 27, 2025, Petitioner was convicted of Possession of a Controlled Substance, in violation of Mass. Gen. Laws. ch. 94c, § 34. On March 27, 2026, an Immigration Judge denied Petitioner’s application for relief and ordered him removed from the United States. Petitioner filed an appeal of that decision with the Board of Immigration Appeals, which is still pending. On May 18, 2026, Petitioner filed this habeas petition seeking a bond hearing under Section 1226(a). Petitioner does not dispute the conviction, nor does he challenge his inadmissibility under these provisions. Accordingly, the Court finds that Petitioner’s detention is mandatory pursuant to Section 1226(c)(1)(A), which allows mandatory detention of noncitizens convicted of offenses covered under Sections 1182(a)(2).The Court, however, notes that detention pursuant to Section 1226(c) is constitutionally permissible only for a limited period of time. SeeDemore v. Kim, 538 U.S. 510, 529-31 (2003). Such detention is to be “for the brief period necessary for... removal proceedings.” Id. Under Section 1226(c), “detention ha[s] a definite termination point” and “in the majority of cases it lasts for less than... 90 days.” See also,Zadvydas v. Davis, 533 U. S. 678 (for detentions under Section 1231, six months is a presumptively reasonable duration of detention). Petitioner has not yet received a final removal order, and his appeal is pending. As such, detention at this point is necessary and permissible. The Court, however, may address any due process concerns if his detention is unreasonably prolonged after a final removal order. As a result, the Court denies the Petition without prejudice. For the foregoing reasons, Petitioner’s Petition for Writ of Habeas Corpus [Dkt. 1] is DENIED, and this action is DISMISSED.(CEH) (Entered: 08/14/2026)

#21

Aug 14, 2026

District Judge Angel Kelley: ORDER entered. ORDER DISMISSING CASE (CEH) (Entered: 08/14/2026)

#22

Aug 14, 2026

Copy re 21 Order Dismissing Case, 20 Order, mailed to Luis Balmore Borja Bautista on 8/14/2026. (CEH) (Entered: 08/14/2026)

Aug 14, 2026

Order

Aug 14, 2026

Copy Mailed