District of Massachusetts • 1:26-cv-13509

#1

Aug 01, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11930396 Fee status: Filing Fee paid., filed by Angel Fabricio Alvarez Alcivar. (Attachments: # 1 Civil Cover Sheet Civil, # 2 Category Form)(Reisch, Janne) Modified on 8/2/2026 (MAP). (Entered: 08/01/2026)

#2

Aug 01, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (PK) (Entered: 08/01/2026)

#3

Aug 03, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (EZG) (Entered: 08/03/2026)

#4

Aug 03, 2026

District Judge Patti B. Saris: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than August 6, 2026. (LP) (Entered: 08/03/2026)

#5

Aug 03, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered. In his habeas petition, Petitioner Angel Fabricio Alvarez Alcivar alleges that he is a member of the certified class in Guerrero Orellana v. Moniz, No. 25-cv-12664-PBS (D. Mass. Sep. 18, 2025). By August 6, 2026, the government shall file a status report or other response stating whether it disputes that Petitioner is a member of the Guerrero Orellana class and is entitled to a bond hearing under the Court's declaratory judgment in that case.(LP) (Entered: 08/03/2026)

#6

Aug 03, 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). (CGK) (Entered: 08/03/2026)

#7

Aug 03, 2026

Copy re 4 Service Order - 2241 Petition, 5 Order, 1 Petition for Writ of Habeas Corpus (2241), mailed to Respondents on 8/3/2026 and Courtesy Copies emailed to Duty AUSA on 8/3/2026. (CGK) (Entered: 08/03/2026)

Aug 03, 2026

Copy Mailed

Aug 03, 2026

Order

Aug 03, 2026

Notice of Case Assignment

#8

Aug 05, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd Blanche, Daren K. Margolin, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 08/05/2026)

#9

Aug 06, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Daren K. Margolin, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 08/06/2026)

#10

Aug 06, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered. re 1 Petition for Writ of Habeas Corpus (2241), filed by Angel Fabricio Alvarez Alcivar. Petitioner Angel Fabricio Alvarez Alcivar ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. Upon review of the petition, the Court ordered the government to "file a status report or other response stating whether it disputes that Petitioner is a member of the... class" in Guerrero Orellana v. Moniz, et al., No. 25-cv-12664-PBS (D. Mass. Sep. 18, 2025), "and is entitled to a bond hearing under the Court's declaratory judgment in that case." Dkt. 5 . In its response, the government does not dispute that Petitioner is a member of the Guerrero Orellana class and concedes that "[s]hould the Court follow its reasoning in Guerrero Orellana, it would reach the same result here." Dkt. 9 at 1. Because Petitioner's membership in the Guerrero Orellana class is undisputed, the Court concludes that Petitioner is entitled to a bond hearing pursuant to the declaratory judgment in that case. See Unin de Empleados de Muelles de P.R., Inc. v. Int'l Longshoremen's Ass'n, AFL-CIO, 884 F.3d 48, 58 (1st Cir. 2018) (explaining that a "declaratory judgment is binding on the parties before the court and is res judicata in subsequent proceedings as to the matters declared" and, thus, "can be used by a party to later obtain further relief" (quoting Am. Airlines, Inc. v. Cardoza-Rodriguez, 133 F.3d 111, 122 n.11 (1st Cir. 1998))).Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing.(BL) (Entered: 08/06/2026)

#11

Aug 06, 2026

SET DEADLINES as to: STATUS REPORT due by 8/20/2026. (BL) (Entered: 08/06/2026)

Aug 06, 2026

Order

#12

Aug 20, 2026

Status Report