District of Massachusetts • 1:26-cv-12406

L. D. v. Wesling

Completed

Case Information

Filed: May 28, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Det
Completed: June 29, 2026
Last Activity: June 29, 2026
Parties: View All Parties →

Docket Entries

#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)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 28, 2026
MOTION for Leave to Proceed Under Pseudonym by L. D..(Morgan, Kelly) (Entered: 05/28/2026)
Main Document: Miscellaneous Relief
#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)
Main Document: General Order 19-02
#5
May 28, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 05/28/2026)
Main Document: Order
#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)
Main Document: Service Order-2241 Petition
#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)
Main Document: Notice - Other
#9
May 28, 2026
NOTICE of Appearance by Ellen VanScoyoc on behalf of L. D. (VanScoyoc, Ellen) (Entered: 05/28/2026)
Main Document: Notice of Appearance
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)
Main Document: Notice - Other
#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
Main Document: 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
#14
Jun 08, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner L.D.’s Motion for Leave to Proceed Under Pseudonym. [Dkt. 2]. Respondents have not opposed the Motion.Federal Rule of Civil Procedure 10(a) requires that the title of a complaint name all parties, reflecting the presumption of public access to judicial proceedings. In Doe v. Massachusetts Institute of Technology (MIT), 46 F.4th 61(1st Cir. 2022), the First Circuit instructed district courts to consider the "totality of the circumstances" when accessing a motion to proceed pseudonymously. Id. at 79. Nonetheless, the court identified four illustrative paradigms in which anonymity ordinarily will be warranted: (1) identification would cause unusually severe physical or psychological harm; (2) identification would harm innocent nonparties; (3) identification would chill similarly situated litigants; and (4) the suit is bound up with a prior proceeding made confidential by law.Id. at 71-72.The Court evaluates Petitioner’s request in light of these paradigms and taking into consideration the totality of the circumstances. Here, two of the MIT paradigms are implicated. Because Petitioner is a survivor of sexual assault, he satisfies the first paradigm, as details of the experience of unwanted sexual contact may cause unusually severe physical or psychological harm. See Doe v. United States, No. 1:24-cv-11445-JEK, 2025 WL 1737157, at *2 (D. Mass. Oct. 15, 2024); Doe v. Del Toro, No. 1:23-cv-13112-JEK, 2024 WL 816511, at *2 (D. Mass. Feb. 27, 2024). Second, requiring identification for individuals who have experienced sexual assault and police misconduct could dissuade similarly situated petitioners from bringing claims in the future. See Doe v. Del Toro, 2024 WL 816511, at *2. Thus, the third paradigm is also satisfied. For the foregoing reasons, Petitioner’s [Dkt. 2] Motion to Proceed Pseudonymously is GRANTED. Public filings shall refer to Petitioner only by pseudonym and shall omit any information that would permit ready identification of Petitioner. (CEH) (Entered: 06/08/2026)
Jun 08, 2026
Order on Motion for Miscellaneous Relief
#15
Jun 16, 2026
Status Report
Main Document: Status Report
#16
Jun 17, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On 6/3/26 this Court GRANTED Petitioner’s Habeas Petition. [Dkt. 13]. On 6/16/26, Respondents provided a Status Report indicating that Petitioner was released on bond. [Dkt. 15]. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit. (CEH) (Entered: 06/17/2026)
Jun 17, 2026
Order
#17
Jun 29, 2026
Order Dismissing Case
Main Document: Order Dismissing Case