District of Massachusetts • 1:26-cv-12311

#1

May 20, 2026

First PETITION for Writ of Habeas Corpus (2241) Alien Detainee Filing fee: $ 5, receipt number AMADC-11758731 Fee status: Filing Fee paid., filed by Marco Tulio Molina Ramos. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form, # 3 Exhibit Document No. 1, # 4 Exhibit Document No. 2, # 5 Exhibit Document No. 3, # 6 Exhibit Document No. 4)(Teich, David) (Entered: 05/20/2026)

#2

May 21, 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 Paul G. Levenson. (CAM) (Entered: 05/21/2026)

#3

May 21, 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). (SED) (Entered: 05/21/2026)

#4

May 21, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 05/21/2026)

#5

May 21, 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 5/21/2026. (SED) (Entered: 05/21/2026)

May 21, 2026

Copy Mailed

May 21, 2026

Notice of Case Assignment

#6

May 27, 2026

Notice of Appearance

#7

May 27, 2026

Extension of Time to File Response/Reply

#8

May 28, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 7 Assented to MOTION for Extension of Time to May 29, 2026 to File Response/Reply to Habeas Petition.ALLOWED. Responses due by 5/29/2026. (FGD) (Entered: 05/28/2026)

May 28, 2026

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

#9

May 29, 2026

Extension of Time to File Answer

#10

Jun 01, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 9 MOTION for Extension of Time to June 3, 2026 to File Response to Petition for Writ of Habeas Corpus.ALLOWED. Patricia Hyde answer due 6/3/2026; Antone Moniz answer due 6/3/2026; David Venturella answer due 6/3/2026. (FGD) (Entered: 06/01/2026)

Jun 01, 2026

Order on Motion for Extension of Time to Answer

#11

Jun 03, 2026

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

#12

Jun 04, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. By June 11, 2026, the petitioner shall file a reply, limited to ten pages in length, addressing the arguments made by the respondents. (SED) (Entered: 06/04/2026)

Jun 04, 2026

Order

#13

Jun 09, 2026

Notice of Appearance

#14

Jun 09, 2026

Extension of Time to File Response/Reply

#15

Jun 10, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 14 First MOTION for Extension of Time to June 16, 2026 to File Response/Reply as to 11 Response to Petition for Writ of Habeas Corpus - 2241.ALLOWED. Replies due by 6/16/2026. (FGD) (Entered: 06/10/2026)

Jun 10, 2026

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

#16

Jun 16, 2026

Memorandum of Law

#17

Jun 23, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Marco Tulio Molina Ramos, a citizen of Guatemala who came to the United States without inspection, is the subject of a final order of removal issued in 2017. However, after being granted withholding of removal to Guatemala, he was released from immigration detention on an order of supervision in November 2017. He has lived in the United States and complied with the conditions of his supervision ever since. Last month, ICE took Molina Ramos into custody during a check-in and served him with notices revoking his release, informing him of ICE’s intention to remove him to Mexico, and scheduling an interview required by regulations governing third-country removals. Molina Ramos promptly challenged his detention via the pending habeas petition. Doc. No. 1 .The respondents answered his petition and urged the Court to deny it, arguing their decision to re-detain Molina Ramos is permitted by statutes and regulations governing cases in which a noncitizen may not be removed to his country of origin. Doc. No. 11 . The answer was accompanied by documents reflecting the 2017 orders of removal and supervision and the recent notices concerning ICE’s pursuit of third-country removal. Per the respondents, ICE will effect Molina Ramos’s removal to Mexico promptly after this Court’s stay-of-transfer order is lifted. The Court directed Molina Ramos to file a reply, and he has now done so, urging that ICE has not identified a change in circumstance justifying his re-detention and ICE’s failure to remove him during the nine years that have elapsed since his release renders his removal not reasonably foreseeable. Doc. No. 16 . Though the respondents’ exhibits reflect Molina Ramos’s expressed desire not to be removed to Mexico, nothing in the record shows that he has claimed a fear of torture or persecution in Mexico.Having considered all of the parties’ submissions, the Court DENIES Molina Ramos’s petition. ICE’s decision to re-detain Molina Ramos in these circumstances conforms with the governing legal standards for reasons articulated by the respondents. See Doc. No. 11 at 3-14. And Molina Ramos has not established good reason to believe that his removal to Mexico is not likely in the reasonably foreseeable future. That ICE has recently opted to pursue third-country removal (rather than awaiting a change in the conditions in Guatemala that might justify revisiting the 2017 withholding determination) but has not effected such removal during the month that has elapsed since Molina Ramos was detained (due to this Court’s stay-of-transfer order) does not provide a reason to doubt the likelihood or reasonable foreseeability of his removal.Accordingly, the petition (Doc. No. 1 ) is DENIED. The Court’s stay (Doc. No 4 ) is LIFTED. The respondents shall file a notice by July 10, 2026, confirming that Molina Ramos’s removal has occurred or, if it has not yet occurred, explaining why and describing the status of the removal process.(FGD) (Entered: 06/23/2026)

#18

Jun 23, 2026

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT. (FGD) (Entered: 06/23/2026)

Jun 23, 2026

Order