District of Massachusetts • 1:26-cv-13213

Kukush Tsenkush v. Moniz

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Case Information

Filed: July 14, 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 15, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 14, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11884945 Fee status: Filing Fee paid., filed by Italo Ricardo Kukush Tsenkush. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Roth, Stephen) (Entered: 07/14/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 14, 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. (JKK) (Entered: 07/14/2026)
#3
Jul 14, 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: 07/14/2026)
Main Document: General Order 19-02
#4
Jul 14, 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 Wednesday, July 15, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Monday, July 20, 2026. (MBM) (Entered: 07/14/2026)
Main Document: Service Order-2241 Petition
#5
Jul 14, 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 7/14/2026. (MBM) (Entered: 07/14/2026)
Jul 14, 2026
Notice of Case Assignment
Jul 14, 2026
Copy Mailed
#6
Jul 15, 2026
NOTICE of Appearance by Julian N. Canzoneri on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Canzoneri, Julian) (Entered: 07/15/2026)
Main Document: Notice of Appearance
#7
Jul 15, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Canzoneri, Julian) (Entered: 07/15/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jul 15, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents acknowledge that Petitioner “is a member of the class certified in Guerrero Orellana v. Moniz.” Dkt. 7 at 1. Therefore, Petitioner is “subject to detention under 8 U.S.C. [s.] 1226(a).” Guerrero Orellana, 2025 WL 3687757, at *10; see also Dkt. 7 -2 at 1 (Warrant for Arrest of Alien pursuant to section 1226). Accordingly, this Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 pm on Wednesday, July 22, 2026, unless, before that time, Petitioner is provided a bond hearing under 8 U.S.C. s. 1226(a) which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the IJ considers alternatives to detention. Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge’s decision on bond, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. Respondents should include a copy of the IJ’s decision with their status report. (MBM) (Entered: 07/15/2026)
Jul 15, 2026
Order