District of Massachusetts • 1:26-cv-13404

Fagbemi v. Wesling

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Case Information

Filed: July 24, 2026
Assigned to: Richard Gaylore Stearns
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 03, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 24, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11913524 Fee status: Filing Fee paid., filed by Adebayo Anthony Fagbemi. (Attachments: # 1 Exhibit Ex. 1 -- Immigration Court Order, # 2 Exhibit Ex. 2 -- Bonacore Declaration, # 3 Exhibit Ex. 3 -- Policy 16004.1, # 4 Civil Cover Sheet, # 5 Category Form)(Horowitz, Ethan) (Entered: 07/24/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 27, 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 M. Page Kelley. (JAM) (Entered: 07/27/2026)
#3
Jul 27, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 07/27/2026)
Main Document: Order
#4
Jul 27, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to David Wesling, David Venturella, Antone Moniz on 7/27/2026. (JAM) (Entered: 07/27/2026)
#5
Jul 27, 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: 07/27/2026)
Main Document: General Order 19-02
Jul 27, 2026
Notice of Case Assignment
Jul 27, 2026
Copy Mailed
#6
Jul 29, 2026
NOTICE of Appearance by Benjamin Tolkoff on behalf of Antone Moniz, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 07/29/2026)
Main Document: Notice of Appearance
#7
Aug 03, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 08/03/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Aug 05, 2026
NOTICE of Appearance by Claire Maguire on behalf of Adebayo Anthony Fagbemi (Maguire, Claire) (Entered: 08/05/2026)
Main Document: Notice of Appearance
#9
Aug 05, 2026
MEMORANDUM OF LAW by Adebayo Anthony Fagbemi in re 1 Petition for Writ of Habeas Corpus (2241),. (Horowitz, Ethan) (Entered: 08/05/2026)
Main Document: Memorandum re Petition
#10
Aug 06, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Notice of Appearance filed by Adebayo Anthony Fagbemi; 9 Memorandum re Petition filed by Adebayo Anthony Fagbemi; 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by David Wesling, David Venturella, Antone Moniz. Petitioner Adebayo Anthony Fagbemi has been detained by U.S. Immigration and Customs Enforcement (ICE) for more than 18 months he is currently at Plymouth County House of Corrections and has asked for his release. An Immigration Judge granted Fagbemi asylum status on June 25, 2026; ICE has appealed that decision. The court orders the government to arrange a bond hearing for Adebayo Anthony Fagbemi before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case later than Tuesday August 11, 2026. The court directs the parties to report to this court within 48 hours of the Immigration Judge's decision regarding release.(MZ) (Entered: 08/06/2026)
Aug 06, 2026
Order
#11
Aug 13, 2026
STATUS REPORT by Antone Moniz, David Venturella, David Wesling. (Attachments: # 1 Exhibit Bond Order)(Tolkoff, Benjamin) (Entered: 08/13/2026)
Main Document: Status Report
#12
Aug 13, 2026
MOTION for Hearing, Status Conference by Adebayo Anthony Fagbemi.(Maguire, Claire) (Entered: 08/13/2026)
Main Document: Hearing
#13
Sep 02, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 12 Motion for Hearing. On June 25, 2026, Petitioner Fagbemi was granted Asylum, Withholding of Removal under the Immigration andNationality Act and Withholding of Removal under the Convention Against Torture by an Immigration Judge (IJ). DKt 1-1 at 2. On July 24, 2026, ICE appealed the IJ's decision to the Board of Immigration Appeals (BIA). Dkt 1-2 at 5 para. 20. At a separate hearing, an IJ denied Petitioner's request for bond. The Petitioner has thirty days to appeal that decision to the BIA. This case is STAYED pending the completion of the appellate processes. (MZ) (Entered: 09/02/2026)
Sep 02, 2026
Order on Motion for Hearing
Sep 03, 2026
~Util - Case Stayed
Sep 03, 2026
Judge Richard G. Stearns: ORDER entered. Case stayed.(JAM)

Parties

Fagbemi
Party
Wesling
Party