District of Massachusetts • 1:26-cv-12445

Garcia Montero v. Hyde

Active

Case Information

Filed: May 30, 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 08, 2026
Parties: View All Parties →

Docket Entries

#1
May 30, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11778107 Fee status: Filing Fee paid., filed by Julio Cesar Garcia Montero. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Logan, Thomas) Modified on 6/1/2026: Removed duplicate text. (MAC) (Entered: 05/30/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
May 30, 2026
Judge Brian E. Murphy: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (svm) (Entered: 05/30/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jun 01, 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 M. Page Kelley. (SP) (Entered: 06/01/2026)
#4
Jun 01, 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). (MBM) (Entered: 06/01/2026)
Main Document: General Order 19-02
#5
Jun 01, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Tuesday, June 2, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, June 5, 2026.(MBM) (Entered: 06/01/2026)
Main Document: Service Order-2241 Petition
#6
Jun 01, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) mailed to all respondents on 6/1/2026. (MBM) (Entered: 06/01/2026)
Jun 01, 2026
Notice of Case Assignment
Jun 01, 2026
Copy Mailed
#7
Jun 02, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Jun 02, 2026
Response to Court Order
Main Document: Response to Court Order
#9
Jun 02, 2026
Assented to MOTION for Extension of Time to June 10, 2026 to File Response/Reply to Habeas Petition by Todd Blanche, Patricia Hyde, Michael Krol, Todd M Lyons, Markwayne Mullin, Name Unknown.(McMahon, Erica) (Entered: 06/02/2026)
Main Document: Extension of Time to File Response/Reply
#10
Jun 02, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered DENYING Petitioners' request for an emergency temporary restraining order. Petitioners' petition purports to seek an emergency temporary restraining order. See Dkt. 1 paras. 7, 96(e). To the extent Petitioners intend the Court to construe their petition simultaneously as a motion for a temporary restraining order, that would be improper. See Scott v. Fed. Bureau of Prisons, 2025 WL 1314248, at *1 (D. Mass. Apr. 1, 2025) ("If a litigant seeks injunctive relief prior to the final resolution of the case, they must also file a separate motion for a preliminary injunction identifying the relief sought and an accompanying memorandum providing factual and legal support for the motion."). Further, Petitioners' filing fails to meet the requirements for preliminary injunctive relief or a temporary restraining order pursuant to the Court's Local Rules or Federal Rule of Civil Procedure 65, which require, inter alia, (1) the submission of a memorandum of reasons to support any motion, see Local Rule 7.1(b)(1); and (2) either notice to the adverse party or certification to support an ex parte order, see Fed. R. Civ. P. 65(b)(1); see also DuBois v. Alves, 2022 WL 4376041, at *5 (D. Mass. Aug. 22, 2022) (denying motion in part due to the failure to comply with Local Rules or Federal Rule of Civil Procedure 65). As such, Petitioners' request for an emergency temporary restraining order is DENIED without prejudice. (BIB) (Entered: 06/02/2026)
#11
Jun 02, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER granting 9 Assented to Motion for Extension of Time to June 10, 2026 to File Response to Habeas Petition. (BIB) (Entered: 06/02/2026)
Jun 02, 2026
Order on Motion for Extension of Time to File Response/Reply
Jun 02, 2026
Order
#12
Jun 04, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioners are ordered to show cause on or before June 11, 2026, for why this case was filed as related to Mendez Lopez v. Hyde,1:26-cv-12063. See Dkt. 1 -1 at VIII. (MBM) (Entered: 06/04/2026)
Jun 04, 2026
Order
#13
Jun 07, 2026
Notice of Appearance
Main Document: Notice of Appearance
#14
Jun 08, 2026
Notice of Appearance
Main Document: Notice of Appearance
#15
Jun 08, 2026
Response to Court Order
Main Document: Response to Court Order