District of Massachusetts • 1:26-cv-12382

Freitas Junior v. Moniz

Active

Case Information

Filed: May 26, 2026
Assigned to: Brian E. Murphy
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: June 04, 2026
Parties: View All Parties →

Docket Entries

#1
May 26, 2026
Petition for Writ of Habeas Corpus - 2241
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 26, 2026
Emergency Order Concerning Stay of Transfer or Removal
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
May 26, 2026
Preliminary Injunction AND Temporary Restraining Order
Main Document: Preliminary Injunction AND Temporary Restraining Order
#4
May 27, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Jennifer C. Boal. (JKK) (Entered: 05/27/2026)
#5
May 27, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#6
May 27, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) mailed to all respondents on 5/27/2026. (MBM) (Entered: 05/27/2026)
#7
May 27, 2026
Order on Motion for Preliminary Injunction AND Order on Motion for TRO
Main Document: Order on Motion for Preliminary Injunction AND Order on Motion for TRO
#8
May 27, 2026
NOTICE CHANGING TIME OF HEARING: Motion Hearing is RESCHEDULED AS TO TIME ONLY, until 9:00 a.m. on 6/10/2026 in Courtroom 12 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 05/27/2026)
May 27, 2026
Notice of Case Assignment
May 27, 2026
Copy Mailed
May 27, 2026
Notice Setting or Resetting Hearing on Motion
#9
May 28, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), and NTA & Warrant by Antone Moniz. (Attachments: # 1 Exhibit NTA, Warrant, Notice of G-O Membership, Criminal History)(Tolkoff, Benjamin) (Entered: 05/28/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
May 28, 2026
Emergency MOTION for Order to Show Cause, Emergency MOTION for Order to Immediate Release ( Responses due by 6/11/2026) by Jose Roberto Freitas Junior. (Attachments: # 1 Text of Proposed Order Proposed Order)(Binnall, Jacob) (Entered: 05/28/2026)
Main Document: Order AND Show Cause
#11
May 28, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered GRANTING the petition in part. Respondents assert that “Petitioner is... a Guerrero Orellana class member.” Dkt. 9 at 1 (footnote omitted). Accordingly, Petitioner is “subject to detention under 8 U.S.C. [s.] 1226(a).” Guerrero Orellana v. Moniz, 2025 WL 3687757, at *10 (D. Mass. Dec. 19, 2025); see also Dkt. 9 -1 at 1 (Warrant for Arrest of Alien pursuant to section 1226). For the reasons stated in Guerrero Orellana, Petitioner is entitled to a bond hearing, and this Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 pm on Thursday, June 4, 2026, unless, before that time, Petitioner is provided a bond hearing under 8 U.S.C. s. 1226(a). (MBM) (Entered: 05/28/2026)
#12
May 28, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered GRANTING in part 10 Petitioner’s Emergency Motion for Immediate Release, Enforcement of Temporary Restraining Order, and Order to Show Cause. In light of 10 Petitioner’s filing, Respondents are ORDERED to provide the Court with the following no later than 2:00 p.m. on Friday, May 29, 2026: (1) the time at which counsel for Respondents became aware of the TRO, (2) the time at which counsel for Respondents communicated the contents of the TRO to the relevant ICE officials, (3) a copy of the form Petitioner was asked to sign on May 27, 2026, and (4) the purpose of soliciting Petitioner’s signature on said form. (MBM) (Entered: 05/28/2026)
May 28, 2026
Order
May 28, 2026
Order on Motion for Order AND Order on Motion to Show Cause
#13
May 29, 2026
DECLARATION re 12 Order on Motion for Order to Show Cause,,,,, by Antone Moniz. (Tolkoff, Benjamin) (Entered: 05/29/2026)
Main Document: Declaration
#14
May 29, 2026
RESPONSE to Motion re 3 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Antone Moniz. (Tolkoff, Benjamin) (Entered: 05/29/2026)
Main Document: Response to Motion
#15
Jun 02, 2026
Status Report
Main Document: Status Report
#16
Jun 03, 2026
Status Report
Main Document: Status Report
#17
Jun 03, 2026
Notice - Other
Main Document: Notice - Other
#18
Jun 04, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER GRANTING Respondents’ motion to dismiss. “[A] case is moot when the court cannot give any effectual relief to the potentially prevailing party.” United States v. Negron-Cruz, 153 F.4th 90, 99 n.2 (1st Cir. 2025) (quoting ACLU of Mass. v. U.S. Conf. of Cath. Bishops, 705 F.3d 44, 52 (1st Cir. 2013)), cert. denied sub nom. Negrnn-Cruz v. United States, -- S. Ct.--, 2026 WL 568361 (Mem.) (Mar. 2, 2026). In the habeas context, courts regularly dismiss petitions as moot when changes in circumstances—including criminal custody of an alien—render unavailable the relief originally sought. See, e.g., G.G. v. Noem, 2026 WL 822759 (D.S.D. Mar. 25, 2026); Rivas v. Napolitano, 2013 WL 1567937 (W.D. La. Feb. 7, 2013), report and recommendation adopted, 2013 WL 1567501 (W.D. La. Apr. 12, 2013); see also Wade v. Wichita Cnty., Tex., 2021 WL 6503711 (N.D. Tex. Nov. 24, 2021), report and recommendation adopted, 2022 WL 160244 (N.D. Tex. Jan. 18, 2022). Here, where Petitioner is no longer in immigration custody, the Court cannot grant any further relief. Accordingly, Respondents’ motion to dismiss, Dkt. 16, is GRANTED, and the temporary restraining order, Dkt. 12, is DISSOLVED. (MBM) (Entered: 06/04/2026)
#19
Jun 04, 2026
Judge Brian E. Murphy: ORDER entered. ORDER DISMISSING CASE. (MBM) (Entered: 06/04/2026)
Main Document: Order Dismissing Case
Jun 04, 2026
Order