District of Massachusetts • 1:26-cv-13486

Pillco Morocho v. Wesling

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Case Information

Filed: July 31, 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 18, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 31, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11926797 Fee status: Filing Fee paid., filed by Mario Ivan Pillco Morocho. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Civil Cover Sheet, # 11 Category Form) (Hargus, Daniela) Modified on 7/31/2026 (NVB). (Entered: 07/31/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 31, 2026
District Judge Leo T. Sorokin: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) (Entered: 07/31/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jul 31, 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 Jennifer C. Boal. (EZG) (Entered: 07/31/2026)
#4
Jul 31, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 07/31/2026)
Main Document: Order
#5
Jul 31, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Order mailed to David Wesling, David Venturella, Markwayne Mullin, Todd Blanche on 7/31/2026. (JAM) (Entered: 07/31/2026)
#6
Jul 31, 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: 07/31/2026)
Main Document: General Order 19-02
Jul 31, 2026
Copy Mailed
Jul 31, 2026
Notice of Case Assignment
#7
Aug 03, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 08/03/2026)
Main Document: Notice of Appearance
#8
Aug 07, 2026
Leave to File Document
Main Document: Leave to File Document
#9
Aug 07, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Aug 10, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 8 Motion for Leave to File Response Under Seal ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (JAM) (Entered: 08/10/2026)
#11
Aug 10, 2026
Leave to File Document
Main Document: Leave to File Document
Aug 10, 2026
Order on Motion for Leave to File Document
#12
Aug 11, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 11 Motion for Leave to File Reply. (JAM) (Entered: 08/11/2026)
Aug 11, 2026
Order on Motion for Leave to File Document
#13
Sep 18, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Petition for Writ of Habeas Corpus - 2241, filed by Markwayne Mullin, David Wesling, David Venturella, and Todd Blanche. Petitioner Mario Ivan Pillco Morocho is a native and citizen of Ecuador, who has re-entered the United States after removal in November of 2020, but was released from United States Immigration and Customs Enforcement (ICE) under an Order of Supervision (OSUP), conditioned in part on Petitioner not committing any crimes. On November 15, 2024, ICE encountered Petitioner at the Boston Field Office in Burlington, Massachusetts, detained him, and revoked his OSUP determining that there was a significant likelihood of removal in the reasonable foreseeable future. On November 26, 2024, Enforcement and Removal Operations (ERO) determined, based in part on Petitioner's prior claimed fear, to released Petitioner on a second OSUP. Petitioner was released to the Burlington Police Department due to an outstanding warrant issued by the Worcester District Court. June 4, 2026, the Worcester District Court convicted Petitioner on two counts of assault and battery on a family or household member and sentenced him to 18-months imprisonment with 90 days served and the balance suspended until June 12, 2028. On his release from custody, ERO revoked his second OSUP. At present, Petitioner is detained and has outstanding petitions with USCIS which may affect his removal. Petitioner asks to be released from detention asserting that his second OSUP was wrongfully revoked as ICE failed to follow its regulations in doing so. The government argues that Mario Ivan Pillco Morocho is subject to detention while his outstanding petitions are determined. Petitioner's OSUP Notice of Revocation of Release indicates that ICE revoked his release under 8 C.F.R. § 241.4(l), because he violated a condition of his release and that it is appropriate to enforce the removal order entered against him. It claims that ICE has the ability and means to effectuate his removal. See Dkt # 9-2 (Exhibit 2). ICE contends that it followed its regulations in revoking the second OSUP. On August 10, 2026, Petitioner asked to file a Reply to the government's Response to his Petition. The court allowed the request (on August 11) but to date nothing has been filed. Based on the government's representations to the court, Mario Ivan Pillco Morocho's detention while awaiting resolution of his pending petitions with USCIS is legal. (MZ) (Entered: 09/18/2026)
Sep 18, 2026
Order