District of Massachusetts • 1:26-cv-13688

Rosario Encarnacion v. Wesling

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Case Information

Filed: August 11, 2026
Assigned to: Richard Gaylore Stearns
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: August 19, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 11, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11951071 Fee status: Filing Fee paid., filed by Josefina Rosario Encarnacion. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 08/11/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 11, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 M. Page Kelley. (FGD) (Entered: 08/11/2026)
#3
Aug 11, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 08/11/2026)
Main Document: Order
#4
Aug 11, 2026
Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241) mailed to David Wesling, Markwayne Mullin, Sirce Owen, Todd Blanche, Patricia Hyde on 8/11/2026. (JAM) (Entered: 08/11/2026)
#5
Aug 11, 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). (JAM) (Entered: 08/11/2026)
Main Document: General Order 19-02
Aug 11, 2026
Copy Mailed
Aug 11, 2026
Notice of Case Assignment
#6
Aug 13, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Aug 13, 2026
Notice - Other
Main Document: Notice - Other
#8
Aug 18, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Patricia Hyde, Markwayne Mullin, Sirce Owen, David Wesling. (Engingro, Vincent) (Entered: 08/18/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Aug 19, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, Patricia Hyde, Todd Blanche, Sirce Owen. Petitioner, Josefina Rosario Encarnacion is a twenty-six-year-old native and citizen of Dominican Republic who has been living in the United States since November 26, 2022, after entering the United States without inspection through El Paso, Texas. Petitioner is a resident of Lowell, Massachusetts, a single mother of two children ages 8 years old and 7 months old. Additionally, Petitioner is pregnant. While Rosario Encarnacion is currently in removal proceedings, she has a pending I-589, Application for Asylum and Withholding of Removal, before an Immigration Judge. She has a valid work permit and a stable job. Petitioner was arrested by Immigration and Customs Enforcement (ICE) officers when she was leaving the Lowell District Court on August 10, 2026. The court finds that Josefina Rosario Encarnacion is entitled to a bond hearing. The government must arrange a bond hearing for Catarino Gomes before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case later than Monday August 24, 2026. The court directs the parties to report to the court within 48 hours of a decision from the Immigration Judge in this matter. (MZ) (Entered: 08/19/2026)
Aug 19, 2026
Order