District of Massachusetts • 1:26-cv-13380

Rudy Alexander v. Moniz

Completed

Case Information

Filed: July 23, 2026
Assigned to: Julia E. Kobick
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: July 31, 2026
Last Activity: August 20, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 23, 2026
PETITION for Writ of Habeas Corpus (2241), filed by Perez Garcia Rudy Alexander.(SP) (Entered: 07/23/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 23, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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. (MBM) (Entered: 07/23/2026)
#3
Jul 23, 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). (Currie, Haley) (Entered: 07/23/2026)
Main Document: General Order 19-02
#4
Jul 23, 2026
District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than July 30, 2026. (Attachment(s): # 1 *SEALED* Appendix) (Currie, Haley). (Currie, Haley) (Entered: 07/23/2026)
Main Document: Service Order-2241 Petition
#5
Jul 23, 2026
Copies of the following were mailed on 7/23/2026:All respondents: 1 Petition for Writ of Habeas Corpus (2241) and 4 Order Concerning Service of Petition and Stay or Transfer of RemovalPerez Garcia Rudy Alexander: docket sheet and 4 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 07/23/2026)
Jul 23, 2026
Copy Mailed
Jul 23, 2026
Notice of Case Assignment
#6
Jul 29, 2026
NOTICE of Appearance by Mark Sauter on behalf of Antone Moniz (Sauter, Mark) (Entered: 07/29/2026)
Main Document: Notice of Appearance
#7
Jul 30, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) and Notice of Intent to Remove by Antone Moniz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sauter, Mark) (Entered: 07/30/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jul 31, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Rudy Alexander Perez Garcia, a citizen of Guatemala, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on July 23, 2026. ECF 1 . Perez Garcia entered the United States in 2023, ECF 7-3, and was arrested in Providence, Rhode Island on May 22, 2026 pursuant to a Form I-200 Warrant for Arrest of Alien. ECF 7, at 4, ECF 7-4. On July 16, 2026, Perez Garcia was ordered removed by an Immigration Judge, and that order of removal became final that same day when he waived his right to appeal. ECF 7-2; see 8 C.F.R. § 1241.1(b). The Court agrees with the respondents that Perez Garcia is now subject to mandatory detention under 8 U.S.C. §§ 1231(a)(1)-(2) because he is currently in the 90-day removal period following his order of removal becoming final. See 8 U.S.C. § 1231(a)(2) (mandating that “the Attorney General shall detain the alien” to effectuate the removal order); id. § 1231(a)(1) (explaining that “when an alien is ordered removed, the Attorney General shall remove the alien from the United States within a period of 90 days”). His detention is lawful.Accordingly, Perez Garcia’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is DENIED. This Court’s July 23, 2026 Order Concerning Service of Petition and Stay or Transfer of Removal, ECF 4, is hereby VACATED, and this action is DISMISSED. (Currie, Haley) (Entered: 07/31/2026)
#9
Jul 31, 2026
District Judge Julia E. Kobick: ORDER OF DISMISSAL entered. (Currie, Haley) (Entered: 07/31/2026)
Main Document: Order Dismissing Case
#10
Jul 31, 2026
Copies of the following were mailed to on Rudy Alexander Perez Garcia 7/31/2026: 8 Electronic Order and 9 Order of Dismissal (Currie, Haley) (Entered: 07/31/2026)
Jul 31, 2026
Copy Mailed
Jul 31, 2026
Order
#11
Aug 20, 2026
Filing fee/payment: $ 5.00, receipt number 100016108 for 1 Petition for Writ of Habeas Corpus (2241) (LBO) (Entered: 08/20/2026)
Aug 20, 2026
Filing Fee/Payment Received

Parties

Moniz
Party
Rudy Alexander
Party