District of Massachusetts • 1:26-cv-12843

Montero Yupa v. Moniz

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Case Information

Filed: June 23, 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 25, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 23, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11837122 Fee status: Filing Fee paid., filed by Claudio Stalin Montero Yupa. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Logan, Thomas) Modified on 6/23/2026 (JKK). (Entered: 06/23/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 23, 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 M. Page Kelley. (FGD) (Entered: 06/23/2026)
#3
Jun 23, 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 Thursday, June 25, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Monday, June 29 2026.(CAM) (Entered: 06/23/2026)
Main Document: Service Order-2241 Petition
#4
Jun 23, 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: 06/23/2026)
Main Document: General Order 19-02
#5
Jun 23, 2026
Copy re 3 Service Order - 2241 Petition,, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA Fitzgerald and USAMA Civil Process, mailed to each respondent on 6/23/2026. (CAM) (Entered: 06/23/2026)
Jun 23, 2026
Notice of Case Assignment
Jun 23, 2026
Copy Mailed
#6
Jun 25, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz. (Attachments: # 1 Exhibit Interim Notice of Parole, # 2 Exhibit Expedited Removal Order, # 3 Exhibit NTA)(Tolkoff, Benjamin) (Entered: 06/25/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Jun 25, 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, Petitioner’s detention without a bond hearing violates his due process rights.” Dkt. 6 at 2. Accordingly, for the reasons stated in Rincon and Tenemasa-Lema, the Court GRANTS this Petition in part and ORDERS that Petitioner receive a constitutionally adequate bond hearing to consider the merits of his release by July 2, 2026. Respondents are ordered to file a status report by July 3, 2026, following Petitioner’s bond hearing. (CAM) (Entered: 06/25/2026)
Jun 25, 2026
Order AND ~Util - Set Deadlines