District of Massachusetts • 1:26-cv-13410

#1

Jul 25, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11913896 Fee status: Filing Fee paid., filed by Loise Gathoni. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Miller, Jacob) Modified on 7/27/2026 to delete duplicate docket text (CEH). (Entered: 07/25/2026)

#2

Jul 25, 2026

District Judge Leo T. Sorokin: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MMR) (Entered: 07/25/2026)

#3

Jul 27, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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: 07/27/2026)

#4

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). (SED) (Entered: 07/27/2026)

#5

Jul 27, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SED) (Entered: 07/27/2026)

#6

Jul 27, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO to on 7/27/2026. (SED) (Entered: 07/27/2026)

#7

Jul 27, 2026

NOTICE by Loise Gathoni (Miller, Jacob) (Entered: 07/27/2026)

#8

Jul 27, 2026

NOTICE of Appearance by Julian N. Canzoneri on behalf of Michael Krol, Markwayne Mullin, David Venturella, David Wesling (Canzoneri, Julian) (Entered: 07/27/2026)

#9

Jul 27, 2026

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

Jul 27, 2026

Copy Mailed

Jul 27, 2026

Notice of Case Assignment

#10

Jul 28, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Petitioner, a citizen of Kenya, has filed a petition pursuant to 28 U.S.C. § 2241 challenging her detention by the respondents. Doc. No. 1. She alleges she has a valid work authorization issued by DHS, an active asylum claim that is the subject of ongoing proceedings, a valid driver’s license, and no criminal record. The respondents dispute none of these facts, but note that Petitioner overstayed a visa--a fact that shows she entered the United States lawfully. Doc. No. 9. Despite all this, Petitioner was detained by immigration officers without advance notice on Saturday at Logan Airport, while she waited to board a plane for a domestic flight. Since then, she has been held at ICE’s Burlington Field Office, where conditions are not suitable for permanent housing of detainees, see Doc. No. 7, as this Court has noted in several prior cases and the respondents have conceded. The respondents have not identified any change in circumstances--such as a recent arrest or pending criminal charges or violation of any other condition placed upon Petitioner in connection with her asylum application or work authorization--nor advanced any reason for believing Petitioner poses a risk of flight or danger to the community. See Doc. No. 9. They concede Petitioner is not subject to mandatory detention and would be eligible for a bond hearing and, though they apparently have not scheduled one as yet, they “do not object to the Court’s ordering” one. Id. In light of the foregoing, the petition is ALLOWED. Where the respondents have identified no change in circumstance or other basis for their decision to arrest and detain Petitioner, then hold her for several days in an office not suitable for housing detainees, the Court finds they have violated her right to due process, and ordering a bond hearing is not an adequate remedy. Cf. Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching similar conclusions). Accordingly, the respondents shall IMMEDIATELY RELEASE Petitioner, no later than 3 PM today, July 28, 2026, and they shall not retaliate against her for the filing of this habeas petition. The respondents shall file a status report tomorrow, July 29, 2026, confirming that Petitioner has been released in compliance with this Order. (SED) (Entered: 07/28/2026)

#11

Jul 28, 2026

Status Report

Jul 28, 2026

Order

#12

Jul 29, 2026

Judgment

#13

Jul 30, 2026

Enforce Judgment

#14

Jul 30, 2026

Notice - Other

#15

Jul 30, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER TO SHOW CAUSE.By 10 a.m. tomorrow, July 31, 2026, Respondents shall SHOW CAUSE why the Court should not order Respondents to, by 12:00 p.m. noon tomorrow, return Petitioner's passport to her. (FGD) (Entered: 07/30/2026)

#16

Jul 30, 2026

Response to Order to Show Cause

Jul 30, 2026

Order To Show Cause

#17

Jul 31, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The order to show cause is discharged. Respondents shall file a further status report when Petitioner has regained possession of her passport. (SED) (Entered: 07/31/2026)

#18

Jul 31, 2026

STATUS REPORT by Michael Krol, Markwayne Mullin, David Venturella, David Wesling. (Canzoneri, Julian) (Entered: 07/31/2026)

Jul 31, 2026

1 - Terminate Deadlines AND Order