District of Massachusetts • 1:25-cv-13507

#1

Nov 21, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11374434 Fee status: Filing Fee paid., filed by Francis Derek Cooper. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit)(Deranamie, David) (Entered: 11/21/2025)

#2

Nov 21, 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 M. Page Kelley. (CEH) (Entered: 11/21/2025)

#3

Nov 21, 2025

Judge Richard G. Stearns: ORDER CONCERNING SERVICE OF PETITION AND FURTHER STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 11/21/2025)

Nov 21, 2025

Notice of Case Assignment

#4

Dec 01, 2025

Notice of Appearance

#5

Dec 01, 2025

Extension of Time

#6

Dec 02, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 5 Motion for Extension of Time to 12/03/2025 to Respond to Habeus Petition. (JAM) (Entered: 12/02/2025)

Dec 02, 2025

Order on Motion for Extension of Time

#7

Dec 03, 2025

Response - not related to a motion

#8

Dec 03, 2025

Exhibit

#9

Dec 04, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response.The Government purports to detain petitioner -- the subject of a final order of dismissal more than ninety days old -- pursuant to 8 U.S.C. § 1231(a)(6). In Zadvydas v. Davis, 533 U.S. 678 (2001), the Supreme Court read an implicit limitation into § 1231(a)(6) that any post-removal period detention may not exceed the "period reasonably necessary to bring about that alien's removal from the United States." Id. at 689. Although a detention of up to six months is presumptively reasonable under Zadvydas, Zadvydas does not give the government free reign to confine aliens. Id. at 701. Detention is only permissible "until it has been determined that there is no significant likelihood of removal in the reasonably foreseeable future." Id. Petitioner is ordered to show cause by December 15, 2025, why there is no significant likelihood he will be removed from the country in the reasonably foreseeable future, such that his detention is unlawful under Zadvydas. (RGS, law3) (Entered: 12/04/2025)

Dec 04, 2025

Order

#10

Dec 12, 2025

Miscellaneous Relief

#11

Dec 13, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 10 Motion to Transfer. As there is no dispute that petitioner Francis Derek Cooper is under a final Order of Removal, permission as requested by the government to remove him to Alexandria, Louisiana on December 14, 2025, and then to Harlingen, Texas on December 15, 2025, where he will remain until his scheduled departure for Liberia on December 17, 2025, is GRANTED. The court retains jurisdiction in this matter until the petitioner's removal to Liberia is effectuated on December 17, 2025. Petitioner is not required to file a response on December 15, 2025 (see Dkt #9), unless he chooses to do so, the court recognizing that under the circumstances there is little likelihood of a plausible counter-showing to be made. (MZ) (Entered: 12/13/2025)

Dec 13, 2025

Order on Motion for Miscellaneous Relief

#12

Dec 15, 2025

Response - not related to a motion

#13

Dec 16, 2025

Order Dismissing Case

Dec 16, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered. Petitioner does not offer any evidence to dispute the Government's assertion that he is scheduled for removal to Liberia on December 17, 2025. He thus has not met his burden under Zadvydas to show that his removal is not reasonably foreseeable, and the petition must be dismissed.(To the extent petitioner references his pending asylum application and Form I-601 in his response, this does not provide any basis for habeas relief. The court lacks discretion under 8 U.S.C. § 1252(g) to stay the execution of an order of removal while an individual seeks alternative forms of immigration relief.)(RGS, law3)

Dec 16, 2025

Order