District of Massachusetts • 1:26-cv-12355

Alteir v. Moniz

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Case Information

Filed: May 22, 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: June 16, 2026
Parties: View All Parties →

Docket Entries

#1
May 22, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11764870 Fee status: Filing Fee paid., filed by Ihab O Alteir. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Supplement Summons Todd Blanche, # 4 Supplement Summons Markwayne Mullin, # 5 Supplement Summons David Venturella, # 6 Supplement Summons Antone Moniz)(Cabelus, Richard) (Entered: 05/22/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 26, 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. (CAM) (Entered: 05/26/2026)
#3
May 26, 2026
General Order 19-02
Main Document: General Order 19-02
#4
May 26, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#5
May 26, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Steven Sharobem, Rayford Farquhar, and USAMA Civil Process on 5/26/2026 at 8:24 am and mailed to All Respondents (CEH) (Entered: 05/26/2026)
May 26, 2026
Copy Mailed
May 26, 2026
Notice of Case Assignment
#6
May 28, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz. (Tolkoff, Benjamin) (Entered: 05/28/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
May 28, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Ihab O Alteir’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those addressed by this Court in Edgar Fabricio Amaya Sanchez v. Moniz et al., 25-cv-12806-AK, Doc. No. 10 (D. Mass. October 8, 2025)," and "[s]hould the Court follow its reasoning in Amaya Sanchez, it would reach the same result here." [Dkt. 6]. In Amaya Sanchez, 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.(CEH) (Entered: 05/28/2026)
May 28, 2026
Order
#8
Jun 06, 2026
Status Report
Main Document: Status Report
#9
Jun 08, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On 5/28/2026 this Court GRANTED Petitioner's Habeas Petition. Dkt. 7 . On 6/6/2026, Respondents provided a Status Report indicating that Petitioner was granted bond and has been released. Dkt. 8 . As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit. (CEH) (Entered: 06/08/2026)
Jun 08, 2026
Order
#10
Jun 16, 2026
Order Dismissing Case
Main Document: Order Dismissing Case