District of Massachusetts • 1:26-cv-12798

Massubo v. Wesling

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Case Information

Filed: June 18, 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
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Last Activity: June 24, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 18, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11830656 Fee status: Filing Fee paid., filed by Mateus Joao Massubo. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Category Form Category Form)(Tietjen, Rhonda) (Entered: 06/18/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 18, 2026
Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (PK) (Entered: 06/18/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jun 22, 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 Jessica D. Hedges. (NMC) (Entered: 06/22/2026)
#4
Jun 22, 2026
Service Order-2241 Petition
Main Document: Service Order-2241 Petition
#5
Jun 22, 2026
General Order 19-02
Main Document: General Order 19-02
Jun 22, 2026
Notice of Case Assignment
#6
Jun 23, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Fitzgerald and mailed to Respondents on 6/23/2026. (CAM) (Entered: 06/23/2026)
Jun 23, 2026
Copy Mailed
#7
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
#8
Jun 24, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents submit that should the Court follow its reasoning in Rincon v. Hyde, 2025 WL 3122784 (D. Mass. Nov. 7, 2025) and Tenemasa-Lema v. Hyde, 2025 WL 3280555 (D. Mass. Nov. 25, 2025), the Court would likely find that... ICE detention authority remains 8 U.S.C. § 1225(b)(2), but that, in this instance, Petitioners detention without a bond hearing violates his due process rights. Dkt. 7 at 2. Therefore, Respondents argue, the appropriate relief is a bond hearing with Immigration Court. Id. Petitioner disputes that 8 U.S.C. § 1225(b)(2) applies, and argues instead his detention is pursuant to 8 U.S.C. § 1226(a), Dkt. 1 at 13, under which he would also be entitled to a bond hearing, see Romero v. Hyde, 795 F. Supp. 3d 271, 281 (D. Mass. 2025). Accordingly, the Court need not resolve the statutory dispute at this juncture and GRANTS the Petition in part. The Court ORDERS that, by July 1, 2026, Petitioner receive a bond hearing under 8 U.S.C. § 1226 to consider the merits of his release. Respondents are ordered to file a status report by July 2, 2026, following Petitioner's bond hearing.(CAM) Modified on 6/24/2026 to include deadlines. (CAM). (Entered: 06/24/2026)
Jun 24, 2026
Order