District of Massachusetts • 1:26-cv-13693

#1

Aug 13, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11957413 Fee status: Filing Fee paid., filed by Todd M. Lyons. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Bazelais, Roseline) (Main Document 1 replaced on 8/13/2026) (JAM). (Entered: 08/13/2026)

#2

Aug 13, 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 Paul G. Levenson. (MAC) (Entered: 08/13/2026)

#3

Aug 13, 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: 08/13/2026)

#4

Aug 13, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (SED) (Entered: 08/13/2026)

#5

Aug 13, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 8/13/2026. (SED) (Entered: 08/13/2026)

Aug 13, 2026

Notice of Case Assignment

Aug 13, 2026

Copy Mailed

#6

Aug 17, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd M. Lyons, Joseph M. McDonald, Antone Moniz, Kristi Neom (Sauter, Mark) (Entered: 08/17/2026)

#7

Aug 18, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd M. Lyons, Joseph M. McDonald, Antone Moniz, Kristi Neom. (Sauter, Mark) (Entered: 08/18/2026)

#8

Aug 18, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Wilguens Joseph, a citizen of Haiti, has filed a petition pursuant to 28 U.S.C. 2241 challenging his detention by the respondents. Doc. No. 1. Joseph alleges he entered the United States in 2023 seeking asylum based on political persecution, was briefly detained and then released by immigration officers on parole, timely applied for asylum and was granted temporary protected status (“TPS”), and was permitted until recently to remain at liberty on conditions of supervision imposed by the respondents. After his TPS was terminated last month, he was arrested when he appeared for a scheduled ICE check-in and has been detained ever since. He raises statutory and constitutional challenges to the termination of his release without notice, without an individualized finding supporting such termination, and without any change in circumstances such as a violation of the conditions of his supervision or pending criminal charge. He alleges his asylum petition remains pending, and he is the primary source of support for his three young children.The respondents do not contest the facts alleged by Joseph, nor do they cite any basis for believing he poses a risk of danger or flight. See Doc. No. 7. They incorporate their legal arguments from a prior case, in which they defended the relevant noncitizen’s continued detention by claiming it was mandated by 8 U.S.C. 1225. As the Court concluded in that case, and on the facts alleged here coupled with the respondents’ concession of similarity, Joseph is not subject to mandatory detention under section 1225. His petition is therefore ALLOWED.Because the violation before the Court arises from the termination of Joseph’s release without any process, let alone due process, the Court finds that ordering a bond hearing is not an adequate remedy. See Murzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE Joseph, no later than 7 PM today, August 18, 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 may reimpose whatever conditions of supervision governed Joseph’s release prior to his recent arrest. The respondents shall file a status report tomorrow, August 19, 2026, confirming that Joseph has been released in compliance with this Order.(SED) (Entered: 08/18/2026)

#9

Aug 18, 2026

District Judge Leo T. Sorokin: ORDER entered. JUDGMENT (SED) (Entered: 08/18/2026)

Aug 18, 2026

Order

#10

Aug 19, 2026

Status Report