District of Massachusetts • 1:26-cv-12611

Villeda Rodezno v. Moniz

Completed

Case Information

Filed: June 09, 2026
Assigned to: Allison Dale Burroughs
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: June 23, 2026
Last Activity: June 23, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 09, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11803463 Fee status: Filing Fee paid., filed by Hector Josue Villeda Rodezno. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Cameron, Matthew) Modified on 6/9/2026: to edit docket text (EZG). (Entered: 06/09/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 09, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (LBO) (Entered: 06/09/2026)
#3
Jun 09, 2026
Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than June 23, 2026.(CAM) (Entered: 06/09/2026)
Main Document: Service Order-2241 Petition
#4
Jun 09, 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). (CAM) (Entered: 06/09/2026)
Main Document: General Order 19-02
Jun 09, 2026
Notice of Case Assignment
#5
Jun 10, 2026
NOTICE of Appearance by Benjamin Tolkoff on behalf of Michael Krol, Antone Moniz, Markwayne Mullin, David J Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 06/10/2026)
Main Document: Notice of Appearance
#6
Jun 10, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to Duty AUSA Benjamin 6/9/2026 and mailed to Respondents on 6/10/2026. (CAM) (Entered: 06/10/2026)
Jun 10, 2026
Copy Mailed
#7
Jun 23, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jun 23, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Before the Court is Petitioner Hector Josue Villeda Rodezno’s petition for writ of habeas corpus. [ECF No. 1 ]. “Respondents submit that the legal issues presented in this Petition are similar to those addressed by this Court in Morales v. Plymouth County Correctional Facility, No. 25-cv-12602 (D. Mass. Sep. 30, 2025) and Rocha v. Hyde, et al., No. 25-cv-12584-ADB, 2025 WL 2807692 (D. Mass. Oct. 2, 2025)....” [ECF No. 7 at 1]. In those cases, 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). Rocha, 2025 WL 2807692, at *2. Respondents further acknowledge that “[s]hould the Court follow its reasoning in Morales and Rocha, it would reach the same result here.” [ECF No. 7 at 1]. Though the brief and conclusory petition, [ECF No. 1 ], neither requests a bond hearing nor sets forth facts or legal argument to establish that Petitioner is entitled to any other remedy, the Court is prepared to accept the government’s representations concerning the underlying issues in this case. Assuming the government’s account of the dispute is correct, the Court does not find reason to deviate from its prior analysis. Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and, accordingly, entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Petitioner’s petition, [ECF No. 1 ], is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 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). Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial. If Petitioner seeks relief beyond that afforded by this order, he shall file an amended petition within 14 days of this order pleading specific facts and citing applicable law that entitles him to the relief he seeks. If no amended petition is filed within 14 days, the Clerk will enter judgment for Petitioner and close this action.(CAM) (Entered: 06/23/2026)
#9
Jun 23, 2026
Judge Allison D. Burroughs: ORDER entered. JUDGMENT in favor of the Petitioner. (CAM) (Entered: 06/23/2026)
Main Document: Judgment
Jun 23, 2026
Order AND ~Util - Set Deadlines