District of Massachusetts • 1:26-cv-13072

Neiva Torres v. Wesling

Active

Case Information

Filed: July 02, 2026
Assigned to: Patti B. Saris
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
Active
Last Activity: July 07, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 02, 2026
Petition for Writ of Habeas Corpus - 2241
Main Document: Petition for Writ of Habeas Corpus - 2241
#3
Jul 02, 2026
General Order 19-02
Main Document: General Order 19-02
#4
Jul 02, 2026
Order
Main Document: Order
Jul 02, 2026
Copy Mailed
Jul 02, 2026
Notice of Case Assignment
#6
Jul 07, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Department of Homeland Security, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 07/07/2026)
Main Document: Notice of Appearance
#7
Jul 07, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Department of Homeland Security, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (McMahon, Erica) (Entered: 07/07/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jul 07, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Victor Hangello Neiva Torres.Petitioner Victor Hangello Neiva Torres ("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 the legal issues presented in this [p]etition are similar to those recently addressed by this Court in Guerrero Orellana v. Moniz" and that if "the Court follow[s] its reasoning in Guerrero Orellana v. Moniz, it would reach the same result here." Dkt. 7 at 1. Given this concession and for the reasons stated in Guerrero Orellana, the Court concludes that Petitioner is entitled to a bond hearing in immigration court. See Guerrero Orellana v. Moniz, 802 F. Supp. 3d 297, 306-12 (D. Mass. 2025), appeal filed, No. 25-2152 (1st Cir. Dec. 2, 2025); Guerrero Orellana v. Moniz, 813 F. Supp. 3d 185, 193-95 (D. Mass. 2025), appeal filed, No. 26-1094 (1st Cir. Jan. 22, 2026).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: 07/07/2026)
#9
Jul 07, 2026
SET DEADLINES as to: Status Report due by 7/21/2026.(CGK) (Entered: 07/07/2026)
Jul 07, 2026
Order

Parties

Neiva Torres
Party
Wesling
Party