District of Massachusetts • 1:25-cv-13437

Barroso v. Wesling

Terminated

Case Information

Filed: November 18, 2025
Assigned to: Richard Gaylore Stearns
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Terminated: December 30, 2025
Last Activity: December 30, 2025
Parties: View All Parties →

Docket Entries

#1
Nov 18, 2025
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11364949 Fee status: Filing Fee paid., filed by Rosa Amelia Barroso. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 11/18/2025)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Nov 18, 2025
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (SP) (Entered: 11/18/2025)
#3
Nov 18, 2025
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 11/18/2025)
Main Document: Order
#4
Nov 18, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Todd M Lyons, Kristi L. Noem, David Wesling, Department of Homeland Security and Pamela Bondi on 11/18/2025. (JAM) (Entered: 11/18/2025)
#5
Nov 18, 2025
NOTICE of Appearance by Nicole M. O'Connor on behalf of Pamela Bondi, Department of Homeland Security, Todd M Lyons, Kristi L NOEM, David Wesling (O'Connor, Nicole) (Entered: 11/18/2025)
Main Document: Notice of Appearance
#6
Nov 18, 2025
Assented to MOTION Transfer Petitioner to Maine by Pamela Bondi, Department of Homeland Security, Todd M Lyons, Kristi L NOEM, David Wesling.(O'Connor, Nicole) (Entered: 11/18/2025)
Main Document: Miscellaneous Relief
Nov 18, 2025
Notice of Case Assignment
Nov 18, 2025
Copy Mailed
#7
Nov 19, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Assented-to Motion to Transfer; the government may immediately transfer Petitioner Rosa Amelia Barroso, who is currently in the custody of U.S. Immigration and Enforcement (ICE) in the Boston ICE Hold Room in Burlington, Massachusetts, to Cumberland County Jail, 50 County Way, Portland, Maine. (MZ) (Entered: 11/19/2025)
#8
Nov 19, 2025
Notice of Appearance
Main Document: Notice of Appearance
Nov 19, 2025
Order on Motion for Miscellaneous Relief
#9
Nov 26, 2025
Response - not related to a motion
Main Document: Response - not related to a motion
#10
Dec 01, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response filed by Kristi L NOEM, David Wesling, Department of Homeland Security, Todd M Lyons, Pamela Bondi. Petitioner Rosa Amelia Barroso challenges her immigration detention and seeks immediate release or a bond hearing. The government maintains its position that because Petitioner is an applicant for admission, which means 8 U.S.C. § 1225(b)(2)(A) authorizes Petitioners detention, and the due process clause provides Petitioner only those rights conferred by statute. The court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Rosa Amelia Barroso before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than ten days from the date of this Order (by 12/11/25 ).(MZ) (Entered: 12/01/2025)
Dec 01, 2025
Order
#11
Dec 12, 2025
Status Report
Main Document: Status Report
#12
Dec 18, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Status Report filed by Kristi L NOEM, David Wesling, Department of Homeland Security, Todd M Lyons, Pamela Bondi. Petitioner Rosa Amelia Barroso was afforded a bond hearing under 8 U.S.C. § 1226(a), and an Immigration Judge (IJ) denied her request after finding that she posed a flight risk. Status Report (Dkt # 11). Petitioner is ordered to show cause by December 29, 2025, why this case should not be dismissed for lack of jurisdiction. (MZ) (Entered: 12/18/2025)
Dec 18, 2025
Order
#13
Dec 19, 2025
Notice of Appearance
Main Document: Notice of Appearance
#14
Dec 19, 2025
Status Report
Main Document: Status Report
#15
Dec 30, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered. re 12 Order to Show Cause. Petitioner having failed to comply with the court's Order to show cause by December 29, 2025 (regarding the court's continued jurisdiction), the Clerk will dismiss and close this case. (MZ) (Entered: 12/30/2025)
#16
Dec 30, 2025
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 12/30/2025)
Main Document: Order Dismissing Case
Dec 30, 2025
Order