District of Massachusetts • 1:26-cv-13649

Quinga Chulca v. Moniz

Active

Case Information

Filed: August 10, 2026
Assigned to: Patti B. Saris
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 10, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11948154 Fee status: Filing Fee paid., filed by Julio Cesar Quinga Chulca. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Cameron, Matthew) Modified on 8/10/2026: to correct name of filer (EZG). (Entered: 08/10/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 10, 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 Jessica D. Hedges. (SP) (Entered: 08/10/2026)
#3
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). (CGK) (Entered: 08/10/2026)
Main Document: General Order 19-02
#4
Aug 10, 2026
District Judge Patti B. Saris: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than August 13, 2026.(CGK) (Entered: 08/10/2026)
Main Document: Order
#5
Aug 10, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Julio Cesar Quinga Chulca. "In his habeas petition, Petitioner Julio Cesar Quinga Chulca 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 13, 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."(CGK) (Entered: 08/10/2026)
#6
Aug 10, 2026
Copy re 1 2241- Habaes Petition, 4 2241 Service Order - mailed to Respondents and emailed courtesy copy to Duty AUSA on 8/10/2026. (CGK) (Entered: 08/10/2026)
Aug 10, 2026
Order
Aug 10, 2026
Copy Mailed
Aug 10, 2026
Notice of Case Assignment
#7
Aug 13, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd W. Blanche, Michael Krol, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling (Engingro, Vincent) (Entered: 08/13/2026)
Main Document: Notice of Appearance
#8
Aug 13, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Michael Krol, Antone Moniz, Markwayne Mullin, David J. Venturella, David Wesling. (Engingro, Vincent) (Entered: 08/13/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Aug 13, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Julio Cesar Quinga Chulca. Petitioner Julio Cesar Quinga Chulca ("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 v. Moniz, it would reach the same result here." Dkt. 8 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.(BEL) (Entered: 08/13/2026)
#10
Aug 13, 2026
SET DEADLINES as to: STATUS REPORT due by 8/27/2026. (BEL) (Entered: 08/13/2026)
Aug 13, 2026
Order
#11
Aug 24, 2026
STATUS REPORT AND DEMAND FOR IMMEDIATE RELEASE by Julio Cesar Quinga Chulca. (Cameron, Matthew) (Entered: 08/24/2026)
Main Document: Status Report
#12
Aug 25, 2026
District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241) filed by Julio Cesar Quinga Chulca. On August 13, 2026, the Court ordered the government to "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." Dkt. 9 . The deadline for providing Petitioner with a bond hearing was yesterday, August 24, 2026. Petitioner has filed a status report stating that he has not yet received a bond hearing and requesting his immediate release. See Dkt. 11 . The government has not disputed that Petitioner did not receive a bond hearing by the deadline set in the Court's order. Given the government's failure to provide Petitioner with a bond hearing, the Court ORDERS the government to release Petitioner immediately and no later than 12:00 p.m. tomorrow, August 26, 2026. This order is without prejudice to the government requiring Petitioner to comply with reasonable conditions of supervision. The government shall file a status report by August 27, 2026, confirming its compliance with this order. (CGK) (Entered: 08/25/2026)
Aug 25, 2026
Order

Parties

Moniz
Party
Quinga Chulca
Party