District of Massachusetts • 1:26-cv-13161

#1

Jul 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11877380 Fee status: Filing Fee paid., filed by Cesar Asencio. (Attachments: # 1 Exhibit 1, I-918 Supplement B, # 2 Exhibit 2, (c)(14) EAD, # 3 Category Form, # 4 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 07/09/2026)

#2

Jul 10, 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 Jennifer C. Boal. (JAM) (Entered: 07/10/2026)

#3

Jul 10, 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: 07/10/2026)

#4

Jul 10, 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 13, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, July 16, 2026.(MBM) (Entered: 07/10/2026)

#5

Jul 10, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Matthew Lyons and USAMA Civil Process, mailed to each respondents on 7/10/2026. (MBM) (Entered: 07/10/2026)

Jul 10, 2026

Copy Mailed

Jul 10, 2026

Notice of Case Assignment

#6

Jul 13, 2026

RESPONSE TO COURT ORDER by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 4 Service Order - 2241 Petition,, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 07/13/2026)

#7

Jul 13, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 07/13/2026)

#8

Jul 15, 2026

MOTION for Extension of Time to July 20, 2026, at 1:00 pm to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling.(McMahon, Erica) (Entered: 07/15/2026)

#9

Jul 15, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 8 MOTION for Extension of Time to July 20, 2026, at 1:00 pm. (MBM) (Entered: 07/15/2026)

Jul 15, 2026

Order on Motion for Extension of Time to File Response/Reply

#10

Jul 20, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McMahon, Erica) (Entered: 07/20/2026)

#11

Jul 21, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents contend that “Petitioner underwent withholding only proceedings and is currently appealing the Immigration Judge’s denial of his applications and reinstated order of removal to Haiti. See Exhibits 4-5.” Dkt. 10 at 11. However, in that same filing, Respondents assert that “On or about May 12, 2026, an Immigration Judge in Chelmsford, Massachusetts, granted the Petitioner’s application for withholding of removal, pursuant to INA § 241(b)(3). On or about June 8, 2026, ICE timely filed an appeal of the Immigration Judge’s decision with the Board of Immigration Appeals (‘BIA’). The appeal before the BIA remains pending.” Id. at 3 (citations omitted); see also Dkt. 10 -1 at paras. 19–20 (same). Further, the “Exhibits 4-5” that Respondents reference, Dkt. 10 at 11, do not appear to have been filed on the docket, and the reference to Haiti appears to be erroneous. Respondents are ORDERED to clarify this discrepancy and ensure that all supporting documents are filed on the docket on or before 2:00 p.m. today, Tuesday, July 21, 2026. (MBM) (Entered: 07/21/2026)

#12

Jul 21, 2026

RESPONSE TO COURT ORDER by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 11 Order,,,,, . (McMahon, Erica) (Entered: 07/21/2026)

#13

Jul 21, 2026

Assented to MOTION for Leave to File Reply by Cesar Asencio.(Ciachurski, Julia) (Entered: 07/21/2026)

Jul 21, 2026

Order

#14

Jul 22, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER granting 13 Assented to Motion for Leave to File Reply in Support of Petition no later than 8/4/2026. (BIB) (Entered: 07/22/2026)

Jul 22, 2026

Order on Motion for Leave to File Document

#15

Aug 04, 2026

Response by Cesar Asencio to 14 Order on Motion for Leave to File . (Ciachurski, Julia) (Entered: 08/04/2026)

#16

Aug 06, 2026

NOTICE OF HEARING: Hearing set for 8/13/2026 at 9:15 a.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 08/06/2026)

Aug 06, 2026

Notice of Hearing

#17

Aug 07, 2026

NOTICE OF RESCHEDULING HEARING: Due to a conflict with counsel's schedule, the Hearing is rescheduled until 8/17/2026 at 11:00 a.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 08/07/2026)

Aug 07, 2026

Notice of Rescheduling

#18

Aug 14, 2026

MOTION for Leave to File Supplemental Evidence by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling.(McMahon, Erica) (Entered: 08/14/2026)

#19

Aug 14, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 18 MOTION for Leave to File Supplemental Evidence ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (MBM) (Entered: 08/14/2026)

#20

Aug 14, 2026

MOTION to Impound by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling.(McMahon, Erica) (Entered: 08/14/2026)

#21

Aug 14, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 20 MOTION to Impound. (MBM) (Entered: 08/14/2026)

#22

Aug 14, 2026

NOTICE RESCHEDULING HEARING: Hearing is rescheduled until 8/25/2026 at 11:00 a.m. in Courtroom 12 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 08/14/2026)

#23

Aug 14, 2026

Respondents' Supplemental Evidence by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(MBM) (Entered: 08/14/2026)

Aug 14, 2026

Notice Resetting Hearings

Aug 14, 2026

Order on Motion for Miscellaneous Relief

Aug 14, 2026

Order on Motion for Leave to File Document

#24

Aug 17, 2026

NOTICE OF HEARING TIME CHANGE: Hearing is rescheduled, as to time only, until 9:00 a.m. on 8/25/2026 in Courtroom 12 (In person only) before Judge Brian E. Murphy. (BIB) (Entered: 08/17/2026)

Aug 17, 2026

Notice Resetting Hearings

#25

Aug 18, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioner is ordered to respond to Respondents’ submission of supplemental evidence, Dkt. 23, no later than 12:00 p.m. on Friday, August 21, 2026. (MBM) (Entered: 08/18/2026)

Aug 18, 2026

Order

#26

Aug 20, 2026

Assented to MOTION for Extension of Time to 8/24/2026 at 8:30 a.m. to Respond to Government's Submission by Cesar Asencio.(Ciachurski, Julia) (Entered: 08/20/2026)

#27

Aug 20, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 26 Assented to MOTION for Extension of Time to 8/24/2026 at 8:30 a.m. to Respond to Government's Submission. (MBM) (Entered: 08/20/2026)

Aug 20, 2026

Order on Motion for Extension of Time

#28

Aug 24, 2026

RESPONSE TO COURT ORDER by Cesar Asencio re 23 Sealed document . (Attachments: # 1 Exhibit 1, Petitioner's MassCourts records)(Ciachurski, Julia) (Entered: 08/24/2026)

#29

Aug 25, 2026

NOTICE of Appearance by Daniela Hargus on behalf of Cesar Asencio (Hargus, Daniela) (Entered: 08/25/2026)

#30

Aug 25, 2026

CLERK'S NOTES for Hearing held in-person before Judge Brian E. Murphy: Argument heard on Petition for Writ of Habeas Corpus. Petition taken under advisement. (Court Reporter: Linda Horne at lindahorne1@charter.net.)(Attorneys present: Ciachurski, Hargus, AUSA McMahon) (BIB) (Entered: 08/25/2026)

#31

Aug 25, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Both parties raise various arguments about the substance and timing of the United States Citizenship and Immigration Services (“USCIS”) notices of revocation and Respondents’ compliance with the 2011 and 2021 directives. However, the Court need not reach these. Fundamentally, detention under 8 U.S.C. s. 1231 (“section 1231”) is intended to “assur[e] the alien’s presence at the moment of removal” and therefore removal of a noncitizen detained under section 1231 must be “reasonably foreseeable.” Zadvydas v. Davis, 533 U.S. 678, 699, 701 (2001). Here, where Petitioner has been granted deferred action and statutory withholding of removal, Dkt. 1 paras. 27-29; Dkt. 12 at 1, his removal is not reasonably foreseeable. Though USCIS has issued a notice of its intent to revoke his deferred action, Petitioner has until September 2, 2026, to respond to the notice, only sometime after which date a final decision will be made on the evidence. See Dkt. 23 -3 at 2; see also Dkt. 28 at 4 (contending that several of the arrests listed in the notice of intent to deny Petitioner’s U visa application “includ[e] inaccurate or incomplete information”). In addition, Petitioner has been granted statutory withholding of removal, which Respondents are currently appealing, and nothing in the record before the Court indicates that the appeal will be resolved imminently. See Dkt. 1 para. 29; Dkt. 12 at 1. While the First Circuit has held that removal is foreseeable once a petitioner is in withholding-only proceedings such that prolonged detention is lawful under section 1231, the petitioner in that case did not have deferred action. See G.P. v. Garland, 103 F.4th 898 (1st Cir. 2024). The Court finds that, in light of Petitioner’s grants of deferred action and statutory withholding, his removal is not foreseeable. See Patel v. Hyde, 2025 WL 3169875, at *2 (D. Mass. Nov. 12, 2025) (“[T]he court finds that removal is not likely in the reasonably foreseeable future given Patel’s unrevoked U-Petition deferred action status.”); Primero v. Mattivelo, 2025 WL 1899115, at *5 (D. Mass. July 9, 2025) (“[T]he petitioners in Zadvydas had final orders of removal without any subsequent grant of deferred action or other relief from enforcement of the order. Here, USCIS has granted Petitioner deferred action that remains valid through September 2026 or until it is otherwise terminated. ICE has requested that USCIS terminate Petitioner’s deferred action in order to remove him from the United States, but there is no indication in the record that USCIS has granted ICE’s request to date.” (citation omitted)). Therefore, Petitioner’s “continued detention [is] unreasonable and no longer authorized by statute.” Zadvydas, 533 U.S. at 700. Accordingly, Petitioner is ORDERED immediately released. Respondents are further ORDERED to file a status report by 12:00 p.m. tomorrow, August 26, 2026, confirming their compliance with this order. (MBM) (Entered: 08/25/2026)

Aug 25, 2026

Hearing - Other

Aug 25, 2026

Order