District of Massachusetts • 1:26-cv-13634

Martinez Chavez v. Mullin

Active

Case Information

Filed: August 07, 2026
Assigned to: Brian E. Murphy
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 11, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 07, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11946099 Fee status: Filing Fee paid., filed by Enicasio martinez chavez. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit Criminal History Chart)(Acevedo Perez, Denise) Modified on 8/10/2026 Removing Duplicate Text (NMC). (Entered: 08/07/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 07, 2026
Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MDD) (Entered: 08/07/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Aug 10, 2026
ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Local Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (NMC) (Entered: 08/10/2026)
#4
Aug 10, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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 Donald L. Cabell. (SP) (Entered: 08/10/2026)
#5
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). (MBM) (Entered: 08/10/2026)
Main Document: General Order 19-02
#6
Aug 10, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Tuesday, August 11, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, August 14, 2026.(MBM) (Entered: 08/10/2026)
Main Document: Service Order-2241 Petition
#7
Aug 10, 2026
Copy re 6 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to Duty AUSA Julien Mundele and USAMA Civil Process, mailed to each respondents on 8/10/2026. (MBM) (Entered: 08/10/2026)
#8
Aug 10, 2026
NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Executive Office for Immigration Review, Immigration and Customs Enforcement, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling (Sauter, Mark) (Entered: 08/10/2026)
Main Document: Notice of Appearance
#9
Aug 10, 2026
Civil Cover Sheet & Category Sheet
Main Document: Civil Cover Sheet & Category Sheet
Aug 10, 2026
Notice - Other
Aug 10, 2026
Notice of Case Assignment
Aug 10, 2026
Copy Mailed
#10
Aug 11, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Executive Office for Immigration Review, Immigration and Customs Enforcement, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sauter, Mark) (Entered: 08/11/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Aug 11, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Martinez v. Hyde, No. 25-cv-11613-BEM, 2025 WL 2084238 (D. Mass. July 24, 2025), [and] Romero v. Hyde, No. 25-cv-11631-BEM, 2025 WL 2403827 (D. Mass. Aug. 19, 2025).” Dkt. 10 at 1; see also Dkt. [ 10 -2] (Warrant for Arrest of Alien under sections 236 and 287 of the Immigration and Nationality Act). In addition, Respondents assert that “Petitioner meets the criteria to be considered a class member of Guerrero Orellana v. Moniz, No. 25-cv-12664-PBS, 2025 WL 3687757, at *7 (D. Mass. Dec. 19, 2025).” Dkt. 10 at 2 n.1. Accordingly, Petitioner is “subject to detention under 8 U.S.C. [s.] 1226(a).” Guerrero Orellana, 2025 WL 3687757, at *10.For the reasons stated in the cases cited by Respondents, this Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 pm on Tuesday, August 18, 2026, unless, before that time, Petitioner is provided a bond hearing under 8 U.S.C. s. 1226(a). Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge’s decision on bond, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. Respondents should include a copy of the IJ’s decision with their status report.Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. s. 2412.(MBM) (Entered: 08/11/2026)
Aug 11, 2026
Order