District of Massachusetts • 1:26-cv-13633

#1

Aug 07, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11946046 Fee status: Filing Fee paid., filed by Manuel Jesus Cunin Velasquez. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Miller, Jacob) Modified on 8/10/2026 Removing Duplicate Text (NMC). (Main Document 1 replaced on 8/10/2026) (NMC). (Additional attachment(s) added on 8/10/2026: # 3 Exhibit 1) (NMC). (Entered: 08/07/2026)

#2

Aug 07, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MDD) (Entered: 08/07/2026)

#3

Aug 10, 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. (SP) (Entered: 08/10/2026)

#4

Aug 10, 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: 08/10/2026)

#5

Aug 10, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 08/10/2026)

#6

Aug 10, 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 on 8/10/2026. (SED) (Entered: 08/10/2026)

Aug 10, 2026

Copy Mailed

Aug 10, 2026

Notice of Case Assignment

#7

Aug 11, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Michael Krol, Markwayne Mullin, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 08/11/2026)

#8

Aug 11, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Michael Krol, Markwayne Mullin, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 08/11/2026)

#9

Aug 12, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Manuel Jesus Cunin Velasquez, a citizen of Ecuador, has filed a petition pursuant to 28 U.S.C. 2241 challenging his detention by the respondents. Doc. No. 1. Velasquez alleges, with a supporting exhibit, that he was the subject of prior removal proceedings which were terminated by the respondents in 2024. See Doc. No. 1-3. He further alleges that, despite lacking any criminal record, he was arrested recently by ICE while on his way to work. He claims he is now unlawfully detained, without an individualized finding supporting his detention or any circumstances justifying it, in violation of the Constitution and federal statutes.The respondents do not contest the facts alleged by Velasquez, nor do they cite any reason 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, Velasquez is not subject to mandatory detention under section 1225. His petition is therefore ALLOWED.Because the record before the Court shows that the respondents previously terminated removal proceedings against Velasquez without finding further proceedings or detention were warranted, and because the respondents do not now identify any basis for finding he presently presents a danger or a flight risk, the Court finds the following relief is warranted. The respondents shall IMMEDIATELY RELEASE Velasquez, no later than 5 PM today, August 12, 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 13, 2026, confirming that Velasquez has been released in compliance with this Order. (SED) (Entered: 08/12/2026)

#10

Aug 12, 2026

Reconsideration

Aug 12, 2026

Order on Motion for Reconsideration

Aug 12, 2026

Order

#12

Aug 13, 2026

Status Report

#13

Aug 13, 2026

Judgment