District of Massachusetts • 1:26-cv-12406

#1

May 28, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11772456 Fee status: Filing Fee paid., filed by L. D.. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Morgan, Kelly) (Entered: 05/28/2026)

#2

May 28, 2026

MOTION for Leave to Proceed Under Pseudonym by L. D..(Morgan, Kelly) (Entered: 05/28/2026)

#3

May 28, 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 Jennifer C. Boal. (MBM) (Entered: 05/28/2026)

#4

May 28, 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). (CEH) (Entered: 05/28/2026)

#5

May 28, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 05/28/2026)

#6

May 28, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 05/28/2026)

#7

May 28, 2026

Copy re 6 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to AUSA Steven Sharobem, Rayford Farquhar, and USAMA Civil Process on 5/28/2026 at 11:06 am and mailed to All Respondents (CEH) (Entered: 05/28/2026)

#8

May 28, 2026

NOTICE by Michael Krol, Todd Lyons, Markwayne Mullin, David Wesling Regarding Place of Confinement (Sharobem, Steven) (Entered: 05/28/2026)

#9

May 28, 2026

NOTICE of Appearance by Ellen VanScoyoc on behalf of L. D. (VanScoyoc, Ellen) (Entered: 05/28/2026)

May 28, 2026

Copy Mailed

May 28, 2026

Notice of Case Assignment

#10

May 29, 2026

NOTICE by L. D. re 8 Notice (Other) Response to Notice Regarding Place of Confinement (Attachments: # 1 Exhibit A. Declaration of Luis Guerrero, # 2 Exhibit B. Google Maps Printout, # 3 Exhibit C. ICE Detainee Locator Printout)(Morgan, Kelly) (Entered: 05/29/2026)

#11

Jun 01, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. ELECTRONIC ORDER entered. In light of Petitioner's removal to Rhode Island, [see Dkt. 8], and the parties' disagreement regarding the timing of removal, [see Dkt. 10], Petitioner shall not be removed from the District of Rhode Island while the Court determines whether it retains jurisdiction over Petitioner's Petition for a Writ of Habeas Corpus. Respondents are further ORDERED to submit a report to the Court on or before June 4, 2026. The report shall inform the Court (1) when Petitioner was taken into custody in Massachusetts, (2) when Respondents began to move Petitioner to Rhode Island, and (3) when Petitioner was booked in to the Wyatt Detention Center in Rhode Island. The report shall include exhibits substantiating Respondents' timeline, if applicable. (CEH) (Entered: 06/01/2026)

Jun 01, 2026

Order

#12

Jun 02, 2026

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

#13

Jun 03, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner L.D.’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. On the same morning that the Petition was filed, 5/28/26, the Court entered a service order prohibiting Respondents from removing Petitioner from Massachusetts. [Dkt. 6]. Later that day, Respondents submitted a Notice to the Court indicating that Petitioner was removed from Massachusetts to Rhode Island before the Court entered its service order. [Dkt. 8]. The following day, 5/29/26, Petitioner responded to Respondents' Notice and contested the timing of his removal. [Dkt. 10]. One day later, 6/1/26, the Court ordered Respondents to provide it with a report providing a detailed timeline of Petitioner's removal from Massachusetts. [Dkt. 11]. On 6/2/26, Respondents filled an answer to the Petition which " submit[s] that the legal issues presented in this Petition are similar to those recently addressed by this Court in Amaya Sanchez v. Moniz et al., No. 25-cv-12806 (D. Mass. Oct. 10, 2025) [Dkt. 10]," and "[s]hould the Court follow its reasoning in Amaya v. Sanchez, it would reach the same result here." [Dkt. 12]. In their response, Respondents did not contest this Court's jurisdiction over the matter. 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: 06/03/2026)

Jun 03, 2026

Order

Jun 08, 2026

Order on Motion for Miscellaneous Relief