District of Massachusetts • 1:26-cv-12780

Jose Marcal v. Moniz

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Case Information

Filed: June 18, 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: June 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 18, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11828852 Fee status: Filing Fee paid., filed by Lenilson Jose Marcal. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit)(Kravitz, Daniel) Modified on 6/18/2026 to remove duplicate docket text (CEH). (Entered: 06/18/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 18, 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 M. Page Kelley. (MAC) (Entered: 06/18/2026)
#3
Jun 18, 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: 06/18/2026)
Main Document: General Order 19-02
#4
Jun 18, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 06/18/2026)
Main Document: Service Order-2241 Petition
#5
Jun 18, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Benjamin Tolkoff, Rayford Farquhar, and USAMA Civil Process on 6/18/2026 at 2:53 pm and mailed to All Respondents (CEH) (Entered: 06/18/2026)
Jun 18, 2026
Notice of Case Assignment
Jun 18, 2026
Copy Mailed
#6
Jun 24, 2026
Order
Main Document: Order
#7
Jun 24, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Jun 24, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Jun 25, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Lenilson Jose Marcal’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in" Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 8 at 1], 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 unlawful. Petitioner’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). Respondents 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: 06/25/2026)
Jun 25, 2026
Order