District of Massachusetts • 1:26-cv-13635

Pineda v. Wesling

Completed

Case Information

Filed: August 07, 2026
Assigned to: Julia E. Kobick
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 08, 2026
Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 07, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11946121 Fee status: Filing Fee paid., filed by Alfredo Pineda. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit A)(Harding, Megan) (Attachment 3 replaced on 8/10/2026) (NMC). (Additional attachment(s) added on 8/10/2026: # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (NMC). Modified on 8/10/2026 Removing Duplicate Text and Separating Exhibits (NMC). (Entered: 08/07/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 07, 2026
MOTION for Temporary Restraining Order by Alfredo Pineda.(Harding, Megan) (Entered: 08/07/2026)
Main Document: Temporary Restraining Order
#3
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
#4
Aug 10, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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). (Currie, Haley) (Entered: 08/10/2026)
Main Document: General Order 19-02
#6
Aug 10, 2026
District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than August 12, 2026. (Currie, Haley) (Entered: 08/10/2026)
Main Document: Service Order-2241 Petition
#7
Aug 10, 2026
Copies of the following were mailed to all respondents on 8/10/2026: 1 Petition for Writ of Habeas Corpus (2241), Motion for Temporary Restraining Order 2 and 6 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/10/2026)
Aug 10, 2026
Notice of Case Assignment
Aug 10, 2026
Copy Mailed
#8
Aug 11, 2026
NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (Sauter, Mark) (Entered: 08/11/2026)
Main Document: Notice of Appearance
#9
Aug 12, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), and Motion for Temporary Restraining Order by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sauter, Mark) (Entered: 08/12/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Aug 12, 2026
MOTION for Leave to File Reply to Respondents' Opposition. by Alfredo Pineda.(Harding, Megan) (Entered: 08/12/2026)
Main Document: Leave to File Document
#11
Aug 13, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER granting 10 MOTION for Leave to File Reply to Respondents' Opposition 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. (Currie, Haley) (Entered: 08/13/2026)
Aug 13, 2026
Order on Motion for Leave to File Document
#12
Aug 14, 2026
DECLARATION of Luis A. Ortega, MD by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling. (Sauter, Mark) (Entered: 08/14/2026)
Main Document: Declaration
#13
Aug 14, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. On August 7, 2026, petitioner Alfredo Pineda filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the circumstances of his arrest, as well as his mandatory detention under 8 U.S.C. § 1226(c) stemming from his 2016 conviction for indecent assault and battery on a child under 14. ECF 1 . The petition represented that Pineda has been diagnosed with prostate cancer and has been prescribed a course of daily radiation therapy, id. ¶ 4, and it attached a doctor's note stating that Pineda "has been recommended to undergo definitive radiation therapy as part of his cancer treatment plan," ECF [1-5]. Upon receiving the petition, this Court ordered the respondents not to remove Pineda from the United States or transfer him to a judicial district outside of Massachusetts absent advance notice of the intended move. ECF 3 ; ECF 6, ¶ 4(a). Should the respondents wish to transfer Pineda to another judicial district, the Court ordered, they must provide notice of the intended transfer in writing and may not effectuate the transfer for a period of at least 72 hours from the time of the notice. ECF 6, ¶ 4(a). The Court also ordered the respondents to respond to the petition by August 12, 2026. Id. ¶ 2. On August 12, the respondents filed their response to the petition and notified the Court that they intend to transfer Pineda from the District of Massachusetts to the Krome North Service Processing Center in Miami, Florida. ECF 9, at 1. A declaration attached to that notice states that the Krome North Service Processing Center "has the medical capabilities to meet Petitioners specific medical needs and can provide access to the oncology services he requires," including radiation therapy, and that Immigration and Customs Enforcement ("ICE") has not identified facilities within New England "that could provide the necessary medical treatment" to him. ECF [9-1], ¶¶ 15-17. The Krome North Service Processing Center has accepted Pineda, and the respondents will transfer him there upon this Court's vacatur of its order prohibiting out-of-state transfer. Id. ¶¶ 19-20. The declaration further represents that since August 7, 2026, the date of his detention, Pineda has been receiving the medications he has been prescribed for his Type 2 diabetes and prostate cancer. Id. ¶¶ 13-14. Later, on August 14, the respondents submitted a supplemental declaration from a physician employed by ICE similarly attesting that "Krome has the capability to meet Petitioner's specific medical needs, and can provide access to the oncology services he requires." ECF 12, ¶ 4. On August 13, this Court granted Pineda's motion for leave to file a reply brief. ECF 11 . As of 3:45 p.m. on August 14, however, the reply brief had not been filed. In view of the upcoming 72-hour deadline, and in the interest of ensuring that Pineda has access to oncology care and radiation treatment, the Court hereby ORDERS that Paragraph 4(a) of its Order Concerning Service of Petition and Stay or Transfer of Removal, ECF 6, is hereby modified, such that the respondents are authorized to transfer Pineda out of Massachusetts to Florida so that he may beginning receiving treatment at the Krome North Service Processing Center as soon as possible. Paragraph 4(a) otherwise remains in effect. As the respondents acknowledge, Pineda's transfer from Massachusetts to Florida does not affect this Court's jurisdiction to consider his habeas petition. The Court intends to consider and rule on the petition promptly upon receiving Pinedas reply brief. (BEL) (Entered: 08/14/2026)
#14
Aug 14, 2026
Response by Alfredo Pineda to Respondents' Opposition. (Attachments: # 1 Exhibit Exhibit E, # 2 Exhibit Exhibit F)(Harding, Megan) (Entered: 08/14/2026)
Main Document: Response - not related to a motion
Aug 14, 2026
Order
#15
Aug 18, 2026
MOTION for Leave to File Relpy to Petitioner's Response to Respondents' Opposition by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling.(Sauter, Mark) (Entered: 08/18/2026)
Main Document: Leave to File Document
#16
Aug 18, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER granting 15 MOTION for Leave to File Reply to Petitioner's Response to Respondents' OppositionCounsel 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. (Currie, Haley) (Entered: 08/18/2026)
Aug 18, 2026
Order on Motion for Leave to File Document
#17
Aug 25, 2026
Response by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling to 14 Response . (Attachments: # 1 Exhibit A - Served I-200, # 2 Exhibit B - Served NTA)(Sauter, Mark) (Entered: 08/25/2026)
Main Document: Response - not related to a motion
#18
Aug 27, 2026
NOTICE OF HEARING: Hearing re: Petition for Writ of Habeas Corpus (2241) set for 8/31/2026 at 3:00 PM in Courtroom 3 before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 08/27/2026)
#19
Aug 27, 2026
Assented to MOTION to Continue Hearing to Week of September 7, 2026 by Todd Blanche, Markwayne Mullin, David Venturella, David Wesling.(Sauter, Mark) (Entered: 08/27/2026)
Main Document: Continue
Aug 27, 2026
Notice of Hearing
#20
Aug 28, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER granting 19 Assented to MOTION to Continue Hearing to Week of September 7, 2026 (Currie, Haley) (Entered: 08/28/2026)
#21
Aug 28, 2026
NOTICE OF RESCHEDULING: Hearing re: Petition for Writ of Habeas Corpus (2241) rescheduled to 9/9/2026 at 2:00 PM in Courtroom 3 before District Judge Julia E. Kobick. (Currie, Haley) (Entered: 08/28/2026)
Aug 28, 2026
Order on Motion to Continue
Aug 28, 2026
Notice of Rescheduling
#22
Sep 07, 2026
Joint MOTION to Dismiss by Alfredo Pineda. (Attachments: # 1 Exhibit Exhibit G)(Harding, Megan) (Entered: 09/07/2026)
Main Document: Dismiss
#23
Sep 08, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER granting 22 Joint MOTION to Dismiss (Currie, Haley) (Entered: 09/08/2026)
#24
Sep 08, 2026
District Judge Julia E. Kobick: ELECTRONIC ORDER entered. In light of the filing of the joint motion to dismiss, ECF 22, the petitioner's motion for temporary restraining order, ECF 2, is denied as moot. The 2241 Habeas Hearing previously scheduled for 9/9/2026 is canceled. (Currie, Haley) (Entered: 09/08/2026)
#25
Sep 08, 2026
District Judge Julia E. Kobick: ORDER OF DISMISSAL entered. (Currie, Haley) (Entered: 09/08/2026)
Main Document: Order Dismissing Case
Sep 08, 2026
Order AND ~Util - Terminate Motions
Sep 08, 2026
Order on Motion to Dismiss

Parties

Pineda
Party
Wesling
Party