District of Massachusetts • 1:26-cv-12571

#1

Jun 05, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11796510 Fee status: Filing Fee paid., filed by Daniela Ortega Loaiza. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit 1 - Form I-860)(Cerretani, Gabriela) (Entered: 06/05/2026)

#2

Jun 05, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (JAM) (Entered: 06/05/2026)

#3

Jun 05, 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). (FGD) (Entered: 06/05/2026)

#4

Jun 05, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 06/05/2026)

#5

Jun 05, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 6/5/2026. (FGD) (Entered: 06/05/2026)

#6

Jun 05, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd W. Blanche, Markwayne Mullin, U.S Department of Homeland Security, David Venturella, David Wesling (McMahon, Erica) (Entered: 06/05/2026)

Jun 05, 2026

Copy Mailed

Jun 05, 2026

Notice of Case Assignment

#7

Jun 08, 2026

MOTION for Extension of Time to June 9, 2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Markwayne Mullin, U.S Department of Homeland Security, David Venturella, David Wesling.(McMahon, Erica) (Entered: 06/08/2026)

#8

Jun 08, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 7 MOTION for Extension of Time to June 9, 2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241). The respondents motion for an extension (Doc. No. 7) is ALLOWED IN PART. The response deadline is extended to June 9, 2026 at 3 PM. (SED) (Entered: 06/08/2026)

Jun 08, 2026

Order on Motion for Extension of Time to File Response/Reply

#9

Jun 09, 2026

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

#10

Jun 09, 2026

Notice - Other

#11

Jun 09, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. By the close of business on Thursday, June 11, 2026, Petitioner SHALL file a reply to Respondent’s opposition (Doc. No. 9 ). By the same deadline, Respondents SHALL file: (1) all documents relating to Petitioner’s detention and removal, to the extent they have not already done so, and (2) a signed affidavit certifying their compliance with this order. Petitioner SHALL NOT be moved out of New England until further order of this Court. If Petitioner is moved from the Burlington field office, Respondents shall notify Petitioner’s counsel in advance of such a move and provide counsel with reasonable access to Petitioner. Respondents SHALL provide ICE agency counsel with a copy of this Order by Wednesday, June 10, 2026.(FGD) (Entered: 06/09/2026)

Jun 09, 2026

Order

#12

Jun 10, 2026

Seal

#13

Jun 11, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 12 MOTION to Seal Exhibit. ALLOWED. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (EZG) (Entered: 06/11/2026)

#14

Jun 11, 2026

Response to Court Order

#15

Jun 11, 2026

Response to Court Order

Jun 11, 2026

Order on Motion to Seal

#16

Jun 12, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Daniela Ortega-Loaiza is a citizen of Colombia who entered the United States in October 2022 and was stopped at the southern border by CBP. A border patrol agent determined she was inadmissible and completed the top half of an expedited removal form. Because Ortega-Loaiza claimed a fear of persecution if she were to return to Colombia, CBP referred her to ICE for a credible fear determination, and the rest of the expedited removal form was left blank. No credible fear interview then occurred. Instead, ICE released Ortega-Loaiza on humanitarian parole. ICE took no action when the one-year term of that parole expired in 2023.Records submitted by the respondents show that Ortega-Loaiza was enrolled in GPS monitoring by ICE in June 2025. Doc. No. 14-2 at 64. Finally, in April 2026three-and-one-half years after Ortega-Loaizas arrivalICE took steps to conduct a credible-fear assessment. Id. After her credible-fear claim was rejected initially and after appeal to an immigration judge, ICE arrested Ortega-Loaiza at a June 3, 2026, check-in and has detained her since then. The record does not appear to include any records of the credible-fear interview or the interviewers reasons for rejecting Ortega-Loaizas claim. In this action, Ortega-Loaiza seeks habeas relief and alleges her detention violates federal law.The Court has reviewed all of the pleadings in this matter, including the petition and the response, Doc. Nos. 1, 9, and both parties supplemental submissions responding to the Courts June 9 Electronic Order, Doc. No. 11; see Doc. Nos. 14, 15. For the reasons ably articulated by the petitioner in her reply brief, Doc. No. 15, which this Court adopts and incorporates by reference here, the Court reaches the following conclusions. First, this Court has jurisdiction to reach the merits of Ortega-Loaizas claims, which fall within a narrow statutory provision preserving this Courts ability to conduct habeas review of expedited removal proceedings where a claim challenges whether an order pursuant to 8 U.S.C. 1225 in fact issued. See 8 U.S.C. 1252(e)(2)(B).Second, in line with reasoning this Court has articulated in a previous case presenting similar (though not identical) circumstances, Ortega-Loaiza is not subject to detention under 8 U.S.C. 1225. See Bento de Souza v. Moniz, No. 25-cv-13189-LTS (D. Mass. Dec. 9, 2025). The expedited removal process Congress established in section 1225 arises at the border, during an inspection occurring there and promptly. It does not begin at the border, then lie dormant for several years, only to be revived in the interior of the United States by ICE officers who are not inspecting the noncitizen within the meaning of section 1225. Accordingly, Ortega-Loaizas petition is ALLOWED. Finally, because the respondents have identified no change in circumstances that impact questions of flight risk or danger or otherwise justified a change in Ortega-Loaizas custody status this yearlet alone a change grounded in a process that is lawfully applied in these circumstancesthe Court finds that ordering a bond hearing would not provide an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE Ortega-Loaiza, no later than 8 PM today, June 12, 2026, and they shall not retaliate against her for the filing of this habeas petition. Nothing in this Order prevents resumption of the prior conditions of release or the imposition of other reasonable conditions of release, provided they are imposed within seven days. The respondents shall file a status report Monday, June 15, 2026, confirming that Ortega-Loaiza has been released in compliance with this Order. (SED) Modified on 6/12/2026: Updated docket text. (SED). (Entered: 06/12/2026)

Jun 12, 2026

Order

#17

Jun 15, 2026

Status Report

#18

Jun 18, 2026

Judgment