District of Massachusetts • 1:26-cv-12669

#1

Jun 12, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Oscar Manuel Hernandes Reyes. (Attachments: # 1 Letter, # 2 Immigration Paperwork)(MBM) (Entered: 06/12/2026)

#2

Jun 12, 2026

MOTION to Appoint Counsel by Oscar Manuel Hernandes Reyes. (MBM) (Entered: 06/12/2026)

#3

Jun 12, 2026

AFFIDAVIT in Support re 2 MOTION to Appoint Counsel. (MBM) (Entered: 06/12/2026)

#4

Jun 12, 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 Donald L. Cabell. (CAM) (Entered: 06/12/2026)

#5

Jun 12, 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 22, 2026.(CAM) (Entered: 06/12/2026)

#6

Jun 12, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to Duty AUSA Tolkoff and mailed to respondents on 6/12/2026. (CAM) (Entered: 06/12/2026)

#7

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). (CAM) (Entered: 06/12/2026)

Jun 12, 2026

Copy Mailed

Jun 12, 2026

Notice of Case Assignment

#8

Jun 15, 2026

Notice of Appearance

#9

Jun 17, 2026

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

#10

Jun 18, 2026

Filing fee/payment: $ 5.00, receipt number 100015749 for 1 Petition for Writ of Habeas Corpus (2241) (LBO) (Entered: 06/18/2026)

Jun 18, 2026

Filing Fee/Payment Received

#11

Jul 10, 2026

Letter/request - non-motion

#12

Jul 15, 2026

Judge Allison D. Burroughs: The Court is in receipt of Respondents' response, [ECF No. 9 ], to Petitioner's petition for writ of habeas corpus, [ECF No. 1 ]. Respondents are ordered, by July 22, 2026, to submit an affidavit to the Court with information regarding whether Petitioner was subject to an Order of Supervision prior to his detention and whether Petitioner has been detained continuously since October 7, 2025.(CAM) (Entered: 07/15/2026)

Jul 15, 2026

Order

#13

Jul 21, 2026

Exhibit

#14

Jul 22, 2026

Notice - Other

#15

Jul 23, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Currently before the Court is petitioner Oscar Manuel Hernandez Reyes’ 28 U.S.C. § 2241 habeas corpus petition. [ECF No. 1 ]. Petitioner is a native and citizen of Honduras. [ECF No. 9 at 3]. He was previously removed from the United States in 2007, illegally re-entered the United States in 2008, and was again removed. [Id.]. Petitioner then illegally re-entered the United States once more at an unknown time and date. [Id.]. He was arrested by Immigration and Customs Enforcement (“ICE”) on October 7, 2025, and has been detained since that date. [Id.]. On December 26, 2025, ICE reviewed Petitioner’s custody status pursuant to 8 C.F.R. § 241.4, and on December 28, 2026, ICE issued a decision to continue Petitioner’s detention. [ECF No. 14 -1 ¶¶ 24–25]. An immigration judge denied Petitioner’s application for protection from removal in March 2026, Petitioner appealed this order to the Board of Immigration Appeals (“BIA”), and his withholding-only proceedings remain pending. [ECF No. 9 at 2–3]. ICE reviewed Petitioner’s custody determination again on March 24, 2026. [ECF No. 14 -1 ¶ 26].Petitioner argues that he is entitled to a bond hearing because he is detained under 8 U.S.C. § 1226, that his detention has become unconstitutionally prolonged, that his removal is not reasonably foreseeable, that ICE impermissibly revoked his order of supervision because they did not allow him to contest the reasons for revocation, and that his detention violates his due process rights. [ECF No. 1 at 6–7]. Petitioner’s claims are foreclosed because the First Circuit has clearly held that parties detained while withholding-only proceedings are pending are not entitled to habeas relief premised on the length of their detention. G.P. v. Garland, 103 F.4th 898, 902 (1st Cir. 2024) (holding that petitioner who had been detained for three years during the pendency of withholding-only proceedings was not entitled to habeas relief). Although Petitioner is correct that a person who has exhausted the available administrative challenges cannot be detained indefinitely in a “removable-but-unremovable limbo” when the government cannot effectuate their removal, Jama v. Immigr. & Customs Enf’t, 543 U.S. 335, 347 (2005) (citing Zadvydas v. Davis, 533 U.S. 678 (2001)), that is not the procedural posture of this case. [ECF No. 9 at 2]. If the denial of Petitioner’s application for withholding of removal is affirmed, ICE plans to promptly effectuate his removal to Honduras. [Id.]. Additionally, although Petitioner states that ICE “failed to follow its own regulations governing the revocation of an order of supervision... they did not provide [him] with any notice... or an interview that would allow [him] to contest the reasons for revocation,” he has never been released on an order of supervision, so this argument is unpersuasive. [ECF No. 1 ]. Accordingly, Petitioner’s petition for writ of habeas corpus, [ECF No. 1 ], is DENIED.(MBM) (Entered: 07/23/2026)

#16

Jul 23, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered denying as moot ECF No. 2 MOTION to Appoint Counsel. (MBM) (Entered: 07/23/2026)

#17

Jul 23, 2026

Order Dismissing Case

Jul 23, 2026

Order

Jul 23, 2026

Order on Motion to Appoint Counsel

#18

Aug 03, 2026

Request for Bond or Release filed by Oscar Manuel Hernandes Reyes.(CAM) (Entered: 08/06/2026)

#19

Aug 06, 2026

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Currently before the Court is Petitioner Oscar Manuel Hernandes Reyes' request for bond or release. [ECF No. 18 ]. For the reasons previously stated in the Court's order on July 23, 2026, [ECF No. 15 ], Petitioner's request is DENIED. (CAM) (Entered: 08/06/2026)

#20

Aug 06, 2026

Copy re 19 Order on Motion for Bond, mailed to Oscar Manuel Hernandes Reyes Plymouth County HOC 26 Long Pond Rd. Plymouth, MA 02360 on 8/6/2026. (CAM) (Entered: 08/06/2026)

Aug 06, 2026

Order on Motion for Bond

Aug 06, 2026

Copy Mailed

#21

Aug 19, 2026

Appendix/Exhibit