District of Massachusetts • 1:26-cv-12986

Cuvi-Ashqui v. Moniz

Active

Case Information

Filed: June 30, 2026
Assigned to: Patti B. Saris
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: View All Parties →

Docket Entries

#1
Jun 30, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11853203 Fee status: Filing Fee paid., filed by John Javier Cuvi-Ashqui. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Roth, Stephen) (Entered: 06/30/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 30, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (FGD) (Entered: 06/30/2026)
#3
Jun 30, 2026
District Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than July 6, 2026. (LP) (Entered: 06/30/2026)
Main Document: Service Order-2241 Petition
#4
Jun 30, 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). (LP) (Entered: 06/30/2026)
Main Document: General Order 19-02
#5
Jun 30, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered. In his habeas petition, Petitioner John Javier Cuvi-Ashqui alleges that he is a member of the certified class in Guerrero Orellana v. Moniz, No. 25-cv-12664-PBS (D. Mass. Sep. 18, 2025). By July 6, 2026, the government shall file a status report or other response stating whether it disputes that Petitioner is a member of the Guerrero Orellana class and is entitled to a bond hearing under the Court's declaratory judgment in that case.(LP) (Entered: 06/30/2026)
#6
Jun 30, 2026
Copy re 5 Order entered, 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition, mailed to Respondents and emailed courtesy copy to Duty AUSA on 6/30/2026. (CGK) (Entered: 06/30/2026)
Jun 30, 2026
Order
Jun 30, 2026
Copy Mailed
Jun 30, 2026
Notice of Case Assignment
#7
Jul 06, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jul 06, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by John Javier Cuvi-Ashqui. Petitioner John Javier Cuvi-Ashqui ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. The government concedes that "Petitioner is entitled to a bond hearing" under Barbosa da Cunha v. Freden, 175 F.4th 61 (2d Cir. 2026). Dkt. 7 at 1. Given the government's concession, the Court concludes that Petitioner is entitled to a bond hearing in immigration court. Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing. (CGK) (Entered: 07/06/2026)
#9
Jul 06, 2026
SET DEADLINES as to : Status Report due by 7/20/2026. (CGK) (Entered: 07/06/2026)
Jul 06, 2026
Order