Active
Case Information
Filed: June 15, 2026
Assigned to:
Brian E. Murphy
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
July 06, 2026
Parties:
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Docket Entries
#1
Jun 15, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number BMADC-11817436 Fee status: Filing Fee paid., filed by Luis Rosas de Blas. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Evidence of Pending U Visa Status)(Shaw, Elizabeth) (Entered: 06/15/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Jun 15, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Paul G. Levenson. (SP) (Entered: 06/15/2026)
#3
Jun 15, 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). (MBM) (Entered: 06/15/2026)
Main Document:
General Order 19-02
#4
Jun 15, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL.Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Tuesday, June 16, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, June 19, 2026.(MBM) (Entered: 06/15/2026)
Main Document:
Service Order-2241 Petition
#5
Jun 15, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition mailed to all respondents on 6/15/2026. (MBM) (Entered: 06/15/2026)
Jun 15, 2026
Copy Mailed
Jun 15, 2026
Notice of Case Assignment
#6
Jun 16, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) (Entered: 06/16/2026)
Main Document:
Notice of Appearance
#7
Jun 16, 2026
RESPONSE TO COURT ORDER by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 4 Service Order - 2241 Petition,, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Engingro, Vincent) (Entered: 06/16/2026)
Main Document:
Response to Court Order
#8
Jun 17, 2026
Response by Luis Rosas de Blas to 7 Response to Court Order . (Attachments: # 1 Exhibit Docket Showing Dismissal of Charges)(Shaw, Elizabeth) (Entered: 06/17/2026)
Main Document:
Response - not related to a motion
#9
Jun 17, 2026
Judge Brian E. Murphy: ELECTRONIC PROCEDURAL ORDER. Respondents are ordered to respond to 8 Petitioner’s response on or before Thursday, June 18, 2026 at 3:00 p.m. (MBM) (Entered: 06/17/2026)
Jun 17, 2026
Order
#10
Jun 18, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Jun 22, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER GRANTING in part Petitioner’s 1 petition. Many district courts have concluded that U.S.C. s. 1226(c) “does not compel detention where charges have been dismissed.” H.A. v. Genalo, 2026 WL 1159512, at *4 (S.D.N.Y. Apr. 28, 2026) (internal quotation marks omitted) (collecting cases); see also Pereira v. Warden, Golden State Annex Detention Facility, 2026 WL 1272714, at *2 (E.D. Cal. May 8, 2026) (“[S]everal courts within the Ninth Circuit have found that the Constitution cannot permit mandatory detention without a bond hearing under § 1226(c) where the predicate charge has been dismissed.” (internal quotation marks omitted)). This Court agrees. Therefore, Petitioner must be detained under 8 U.S.C. s. 1226(a), see Dkt. 10 at 1 n.1 (concession to that effect by Respondents); see also Dkt. 7-2 at 5 (Warrant for Arrest of Alien under Section 1226), and Petitioner is entitled to a bond hearing to consider the merits of his release, seeGuerrero Orellana v. Moniz, 813 F. Supp. 3d 185, 195 (D. Mass. 2025). Petitioner shall be provided a bond hearing under 8 U.S.C. s. 1226(a) on or before Friday, June 26, 2026. Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. s. 2412.(CAM) (Entered: 06/22/2026)
Jun 22, 2026
Order
Parties
Rosas de Blas
Party
Wesling
Party