District of Massachusetts • 1:26-cv-13605

#1

Aug 06, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11942360 Fee status: Filing Fee paid., filed by Hernan Recinos Interiano. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 08/06/2026)

#2

Aug 06, 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 Jessica D. Hedges. (NMC) (Entered: 08/06/2026)

#3

Aug 06, 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). (FGD) (Entered: 08/06/2026)

#4

Aug 06, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 08/06/2026)

#5

Aug 06, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA and mailed to Respondents and USAO on 8/6/2026. (FGD) (Entered: 08/06/2026)

Aug 06, 2026

Notice of Case Assignment

Aug 06, 2026

Copy Mailed

#6

Aug 07, 2026

Notice of Appearance

#7

Aug 11, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling. (McMahon, Erica) (Entered: 08/11/2026)

#8

Aug 11, 2026

Entry entered in error. (Entered: 08/11/2026)

#9

Aug 11, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Hernan Recinos Interiano, a citizen of Guatemala, has filed a petition pursuant to 28 U.S.C. 2241 challenging his detention by the respondents. Doc. No. 1 . Interiano alleges he was briefly detained and then released by immigration officers when he entered the United States in 2020, was permitted until recently to remain at liberty on conditions of supervision imposed by the respondents, then was arrested when he appeared for a scheduled ICE check-in on August 4, 2026. He claims he is now unlawfully detained after the termination of his release without notice, without an individualized finding supporting such termination, and without any changes in circumstances such as a violation of the conditions of his supervision or pending criminal charge. Interiano’s petition alleges his detention violates the Constitution and federal statutes. The respondents do not contest the facts alleged by Interiano, nor do they cite any basis for believing he poses a risk of danger or flight. See Doc. No. 7 . They incorporate their legal arguments from prior cases, in which they defended the relevant noncitizens’ continued detention by claiming it was permitted (and, indeed, mandated) by 8 U.S.C. 1225. As the Court concluded in those cases, and on the facts alleged here, Interiano is not subject to mandatory detention under section 1225. His petition is therefore ALLOWED.Because the violation before the Court arises from the termination of Interiano’s release without any change in circumstances and without any process, let alone due process, the Court finds that ordering a bond hearing is not an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE Interiano, no later than 4 PM today, August 11, 2026; they shall return to him any and all property taken from him at the time of his arrest; and they shall not retaliate against him for the filing of this habeas petition. The respondents shall file a status report tomorrow, August 12, 2026, confirming that Interiano has been released in compliance with this Order.(FGD) (Entered: 08/11/2026)

#10

Aug 11, 2026

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT. (FGD) (Entered: 08/11/2026)

#11

Aug 11, 2026

Status Report

Aug 11, 2026

Order

Aug 11, 2026

Judgment