District of Massachusetts • 1:26-cv-13399

#1

Jul 24, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11913290 Fee status: Filing Fee paid., filed by Salvador Guevara Gutierrez. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Detainee Locator Page, # 4 Exhibit Petitioner's Order of Supervision, # 5 Exhibit Immigration counsel's entry of appearance, # 6 Exhibit Petitioner's reasonable fear interview)(Burns, Matthew) Modified on 7/24/2026 (SR). (Entered: 07/24/2026)

#2

Jul 24, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Paul G. Levenson. (EZG) (Entered: 07/24/2026)

#3

Jul 24, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 07/24/2026)

#4

Jul 24, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Antone Moniz, David Wesling, Todd Lyons, Markwayne Mullins, Todd Blanche on 7/24/2026. (JAM) (Entered: 07/24/2026)

#5

Jul 24, 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). (JAM) (Entered: 07/24/2026)

Jul 24, 2026

Copy Mailed

Jul 24, 2026

Notice of Case Assignment

#6

Jul 27, 2026

Notice of Appearance

#7

Jul 29, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#8

Jul 30, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by David Wesling, Markwayne Mullins, Todd Blanche, Todd Lyons, Antone Moniz. Petitioner Salvador Guevara Gutierrez, is a Honduran citizen subject to a reinstated final order of removal. After U.S. Immigration and Customs Enforcement (ICE) arrested him on July 6, 2026, petitioner expressed a fear of return to Honduras. ICE served Petitioner with a Notice of Revocation of Release on July 7, advising him that ICE was revoking his release pursuant to 8 C.F.R. § 241.4(l). A USCIS asylum officer made a determination that petitioner failed to demonstrate a reasonable fear of persecution or torture. An Immigration Judge (IJ) is scheduled to review USCIS' finding next week. Accordingly, this case is STAYED pending the IJ's decision regarding USCIS' decisions. (MZ) (Entered: 07/30/2026)

Jul 30, 2026

Judge Richard G. Stearns: ORDER entered. Case stayed. (JAM)

Jul 30, 2026

Order

Jul 30, 2026

~Util - Case Stayed

#9

Aug 10, 2026

Status Report

#10

Aug 11, 2026

Order

#11

Aug 12, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 10 Motion for Order. Petitioner Salvador Guevara Gutierrez is a Honduran citizen who is currently detained at Plymouth County Correctional Facility, in Plymouth, Massachusetts. Guevara Gutierrez first entered the United States on July 29, 2007, was detained by immigration authorities, and ordered removed on August 24, 2007. Immigration authorities affected his removal order at that time. Guevara Gutierrez re-entered the United States on April 23, 2019, and was detained by immigration authorities. He was subsequently released under an Order of Supervision (OSUP) on April 24, 2019. Guevara Gutierrez was detained by U.S. Immigrations and Customs Enforcement (ICE) authorities at a scheduled check-in on July 6, 2026. The officials explained that they revoked his release based upon an administrative final order of removal. In his petition for writ of habeas corpus, Guevara Gutierrez contends that Patricia Hyde and other ICE officials have violated his statutory, regulatory, and due process rights by revoking his OSUP and detaining him pending deportation without abiding by their own regulations. On August 10, 2026, the Immigration Judge found that Guevara Gutierrez had not established a reasonable fear of return. Guevara Gutierrez argues that is a separate issue that does not ameliorate or erase Respondents' failure to lawfully revoke his release from custody.It is undisputed that 8 C.F.R. § 241.4 governs how respondents may revoke an OSUP and detain a noncitizen pursuant to 8 U.S.C. § 1231(a)(6). Before revoking an OSUP and re-detaining a non-citizen, ICE must determine that, based on changed circumstances, removal has become significantly likely in the reasonably foreseeable future. 8 C.F.R. §241.13(i)(2)). ICE must make that determination in the first instance, rather than the court. See Kong v. United States, 62 F. 4th 608, 619-620 (1st Cir. 2023). The government bears the burden of demonstrating that ICE properly made such a determination. Nguyen v. Hyde, 788 F. Supp. 3d 144, 150 (D. Mass. 2025). That regulation requires an official, such as the Field Office Director, to determine that revocation of a noncitizen's release is in the public interest and provide that noncitizen with an adequate opportunity to rebut that determination. Regulatory violations have been found where ICE states that circumstances have changed without providing any specific support for that assertion. 8 C.F.R. § 241.4 directs Respondents to make certain findings prior to revoking an OSUP. Here, there is no evidence that the acting Field Office Director made such findings prior to the revocation or that Respondents afforded Guevara Gutierrez a meaningful opportunity to rebut such findings. See Dkt. # 1 at 5. Other district courts have ruled that the agency's failure to follow its own regulations in revoking an OSUP constitutes a violation of Due Process that must be remedied by immediate release. See, e.g., Doe v. Wesling, 2026 WL 1815424, at *2 (D. Mass. June 24, 2026); Nguyen v. Hyde, 788 F. Supp. 3d 144, 152-153 (2025) Munagi v. McDonald, 813 F. Supp. 3d 225, 229 (D. Mass. 2025); Arostegui-Campo v. Noem, 2025 WL 3280886, at *4 (E. D. Cal. Nov. 25, 2025) (holding that the unsupported statement by the declaring officer that "there is a significant likelihood of his removal in the reasonably foreseeable future" does not satisfy respondents' burden). Further, the changed circumstances that make an alien's removal likely in the foreseeable future must have existed at or before the OSUP revocation; post-hoc justifications are inadequate. The court orders Respondents, within the next seven days (by August 19, 2026), to demonstrate that ICE has complied with its own internal regulations or show cause why petitioner should not be immediately released as a consequence of its failure to do so. (MZ) (Entered: 08/12/2026)

Aug 12, 2026

Order on Motion for Order

#12

Aug 19, 2026

RESPONSE TO ORDER TO SHOW CAUSE by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullins, David Wesling. (Attachments: # 1 Exhibit A)(Sauter, Mark) (Entered: 08/19/2026)

#13

Aug 20, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 12 Response to Order to Show Cause filed by David Wesling, Markwayne Mullins, Todd Blanche, Todd Lyons, and Antone Moniz, permitting Respondents' request to an extension of time to Monday, August 24, 2026, to provide a declaration from ICE's Assistant Field Office Director,Mark Anzelmo (the ICE official who signed Petitioner's Notice of Revocation of Release). (MZ) (Entered: 08/20/2026)

Aug 20, 2026

Order