District of Massachusetts • 1:26-cv-13056

Nelson v. Moniz

Active

Case Information

Filed: July 02, 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 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 02, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11860813 Fee status: Filing Fee paid., filed by Odlin Nelson. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit I-94, # 4 Exhibit NTA, # 5 Exhibit I-589 First Page, # 6 Exhibit MA Driver's License, # 7 Exhibit Lease Agreement, # 8 Exhibit I-200 Warrant)(Hamilton, Philip) (Entered: 07/02/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 02, 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. (SP) (Entered: 07/02/2026)
#3
Jul 02, 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: 07/02/2026)
Main Document: General Order 19-02
#4
Jul 02, 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 Monday, July 6, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, July 9, 2026.(MBM) (Entered: 07/02/2026)
Main Document: Service Order-2241 Petition
#5
Jul 02, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Annapurna Balakrishna and USAMA Civil Process, mailed to each respondents on 7/2/2026. (MBM) (Entered: 07/02/2026)
Jul 02, 2026
Copy Mailed
Jul 02, 2026
Notice of Case Assignment
#6
Jul 06, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Jul 06, 2026
Response to Court Order
Main Document: Response to Court Order
#8
Jul 07, 2026
First MOTION for Leave to Appear Pro Hac Vice for admission of Simon Silvan-Recht Filing fee: $ 5, receipt number AMADC-11870966 by Odlin Nelson. (Attachments: # 1 Affidavit Affidavit of Simon Silvan-Recht, # 2 Exhibit Proposed Order)(Hamilton, Philip) (Entered: 07/07/2026)
Main Document: Appear Pro Hac Vice
#9
Jul 08, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added Simon Silvan-Recht. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (MBM) (Entered: 07/08/2026)
#10
Jul 08, 2026
NOTICE of Appearance by Simon Silvan-Recht on behalf of Odlin Nelson (Silvan-Recht, Simon) (Entered: 07/08/2026)
Main Document: Notice of Appearance
Jul 08, 2026
Order on Motion for Leave to Appear
#11
Jul 09, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#12
Jul 09, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered GRANTING in part 1 the petition for writ of habeas corpus. It is undisputed that Petitioner was paroled into the United States pursuant to 8 U.S.C. s. 1182(d)(5)(A), and that his humanitarian parole expired in August 2025. See Dkt. 1 para. 2; Dkt. 11 at 2–3; see also Dkt. 1-3. Petitioner argues that because he was arrested in the interior of the United States after his parole expired, he is now detained under 8 U.S.C. s. 1226(a), rather than 8 U.S.C. s. 1225(b). See Dkt. 1 para. 37; see also Dkt. 1 - 8 (Warrant for Arrest of Alien under sections 236 and 287 of the Immigration and Nationality Act). However, this Court has already rejected that argument, see Tenemasa-Lema v. Hyde, 810 F. Supp. 3d 244, 251–52 (D. Mass. 2025), and the Court concludes that Petitioner’s detention is subject to 8 U.S.C. 1225(b). Nonetheless, as Respondents concede, this Court has previously determined that petitioners detained under 8 U.S.C. s. 1225(b) are entitled to a bond hearing. Dkt. 11 at 13–14 (citing Rincon v. Hyde, 810 F. Supp. 3d 101 (D. Mass. 2025)). Accordingly, the Court ORDERS that Petitioner receive a constitutionally adequate bond hearing to consider the merits of his release on or before July 16, 2026. Respondents are further ORDERED to file a status report on or before July 20, 2026, notifying the Court whether Petitioner has been granted bond and released or, if his request for bond was denied, providing the reasons for that denial, and including therewith the decision by the immigration judge. (MBM). (Entered: 07/09/2026)
Jul 09, 2026
Order

Parties

Moniz
Party
Nelson
Party