District of Massachusetts • 1:26-cv-12337

#1

May 22, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11762696 Fee status: Filing Fee paid., filed by Byron Raul Sanay Guaraca. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Macmurray, Kevin) (Entered: 05/22/2026)

#2

May 22, 2026

ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (EZG) (Entered: 05/22/2026)

#3

May 22, 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). (EZG) (Entered: 05/22/2026)

#4

May 22, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 05/22/2026)

May 22, 2026

Notice of Case Assignment

#5

May 28, 2026

Status Report

#6

Jun 01, 2026

Notice of Appearance

#7

Jun 05, 2026

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

#8

Jun 10, 2026

Notice - Other

#9

Jun 11, 2026

Status Report

Jun 12, 2026

Order

#11

Jun 18, 2026

Status Report

#12

Jun 23, 2026

Attorney Fees

#13

Jul 07, 2026

Response to Motion

#14

Jul 10, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 12 First MOTION for Attorney Fees. Having considered the record before the Court, Petitioner's motion for $2,375.00 in attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, D. 12, and the government's response, D. 13, the Court ALLOWS the motion, D. 12, and ORDERS the following. As Respondents acknowledge, "Petitioner's motion raises legal issues similar to those addressed by this Court in Araujo da Silva v. Bondi," D. 13 at 1; see Araujo da Silva v. Bondi, No. 25-cv-12672-DJC (D. Mass. June 15, 2026), D. 22, insofar as Petitioner was the prevailing party, habeas actions are civil actions under EAJA, and the government was not substantially justified in subjecting Petitioner to mandatory detention without bond, see D. 13 at 1 n.1; see also Araujo da Silva, No. 25-cv-12672-DJC, D. 22. Consistent with the Court's ruling in Araujo da Silva, No. 25-cv-12672-DJC, D. 22, therefore, the Court concludes that Petitioner is entitled to the requested fees. As noted by Respondents, D. 13 at 1-2, however, "no separate judgment has been entered in this case in accordance with Rule 58(a), and there is therefore no final judgment for purposes of the EAJA, making any award of fees premature," Ngoma v. Wesling, No. 26-cv-10345-ADB, 2026 WL 1612775, at *1 (D. Mass. June 4, 2026). Accordingly, the Court ORDERS the entry of judgment in favor of Petitioner in accordance with Rule 58(a). The Court further ALLOWS the motion for fees, D. 12, but will hold the incorporation of the fees into the judgment in abeyance. If the government does not file an appeal within 60 days of such entry, the Court shall, upon notice from either party, amend the judgment entered today to include the attorneys’ fees of $2375.00 for the reasons set forth herein, "assuming no intervening changes in the law." See Ndongala v. Wesling, No. 26-CV-10194-ADB, 2026 WL 1534981, at *5 (D. Mass. June 1, 2026). If the government timely appeals, the Court will continue to hold the amendment of the judgment to add these fees in abeyance “pending resolution of the appeal and any subsequent proceedings," see id., and, upon notice by either party of such resolution, will amend the judgment to include these fees. (SEC) (Entered: 07/10/2026)

#15

Jul 10, 2026

Chief District Judge Denise J. Casper: ORDER entered. JUDGMENT. (SEC) (Entered: 07/10/2026)

Jul 10, 2026

Order on Motion for Attorney Fees