District of Massachusetts • 1:26-cv-12662

Cesvette v. Moniz

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Case Information

Filed: June 11, 2026
Assigned to: Angel Kelley
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 11, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11811914 Fee status: Filing Fee paid., filed by Emanuel Dangello Cesvette. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil cover sheet)(Reisch, Janne) (Entered: 06/11/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 11, 2026
Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) (Entered: 06/11/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jun 12, 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. (CAM) (Entered: 06/12/2026)
#4
Jun 12, 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: 06/12/2026)
Main Document: General Order 19-02
#5
Jun 12, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 06/12/2026)
Main Document: Service Order-2241 Petition
#6
Jun 12, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to AUSA Benjamin Tolkoff, Rayford Farquhar, and USAMA Civil Process on 6/12/2026 at 9:26 am and mailed to All Respondents. (CEH) (Entered: 06/12/2026)
#7
Jun 12, 2026
First MOTION for Leave to Appear Pro Hac Vice for admission of Glenn Formica Filing fee: $ 5, receipt number AMADC-11814395 by Emanuel Dangello Cesvette. (Attachments: # 1 Certification pro hac vice)(Reisch, Janne) (Entered: 06/12/2026)
Main Document: Appear Pro Hac Vice
Jun 12, 2026
Copy Mailed
Jun 12, 2026
Notice of Case Assignment
#8
Jun 17, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
Jun 17, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Jun 18, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Samuel Emanuel Dangello Cezvette's Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents note that "the legal issues presented in this Petition are similar to those recently addressed" [Dkt. 9 at 1] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025), in which 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 unlawfulPetitioner’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: 06/18/2026)
#11
Jun 18, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 7 Motion for Leave to Appear Pro Hac Vice Added Glenn L. Formica. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 06/18/2026)
Jun 18, 2026
Order on Motion for Leave to Appear
Jun 18, 2026
Order
#12
Jul 02, 2026
Status Report
Main Document: Status Report
#13
Jul 13, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On June 18, 2026, this Court GRANTED Petitioner’s Habeas Petition. [Dkt. 10]. On July 2, 2026, Respondents provided a Status Report indicating that Petitioner received a bond hearing and was found to be a danger to the community by clear and convincing evidence and no alternative to detention exists that would ensure the safety of the community. [Dkt. 12]. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit.(CEH) (Entered: 07/13/2026)
Jul 13, 2026
Order
#14
Jul 17, 2026
Emergency MOTION to Enforce Judgment by Emanuel Dangello Cesvette.(Reisch, Janne) (Entered: 07/17/2026)
Main Document: Enforce Judgment
#15
Jul 17, 2026
DECLARATION re 14 Emergency MOTION to Enforce Judgment by Emanuel Dangello Cesvette. (Attachments: # 1 Exhibit Exhibit A)(Reisch, Janne) (Entered: 07/17/2026)
Main Document: Declaration
Attachment 1: Exhibit Exhibit A
#16
Jul 17, 2026
MOTION to Seal Exhibit A to Declaration by Emanuel Dangello Cesvette.(Reisch, Janne) (Entered: 07/17/2026)
Main Document: MOTION
#17
Jul 20, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. On July 13, 2026 the Court entered an Electronic Order notifying the parties that absent objection, within the next seven (7) calendar days, the Court will terminate the suit. In response, on July 17, 2026 Petitioner filed a Motion to Enforce Judgment Dkt. 14 . The Government has yet to respond. Accordingly, the Court will not terminate the suit. (CEH) (Entered: 07/20/2026)
Jul 20, 2026
Order
#18
Jul 22, 2026
Response to Court Order
Main Document: Response to Court Order
#19
Jul 28, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner’s Motion to Seal [Dkt. 16] and Respondent’s Response to Court Order [Dkt. 18]. The Court grants Petitioner’s Motion to Seal and sets a deadline for Respondent to respond 14 days after Petitioner files the Motion under seal.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. (CEH) (Entered: 07/28/2026)
Jul 28, 2026
Order on Motion to Seal
#20
Jul 31, 2026
Response to Motion
Main Document: Response to Motion
#21
Aug 05, 2026
NOTICE OF MANUAL FILING by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 20 Response to Motion. CD containing Exhibit 1 (CEH) (Entered: 08/05/2026)
Aug 05, 2026
Notice of Manual Filing
#22
Aug 25, 2026
Memorandum & Order
Main Document: Memorandum & Order
#23
Aug 25, 2026
Order Dismissing Case
Main Document: Order Dismissing Case