District of Massachusetts • 1:26-cv-13709

#1

Aug 11, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11953261 Fee status: Filing Fee paid., filed by Elba Cruz-Rivas. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Doyle, Kerry) (Entered: 08/11/2026)

#2

Aug 11, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MDD) (Entered: 08/11/2026)

#3

Aug 12, 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 Jessica D. Hedges. (MBM) (Entered: 08/12/2026)

#4

Aug 12, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 08/12/2026)

#5

Aug 12, 2026

Copy re 4 Order, 1 Petition for Writ of Habeas Corpus (2241) mailed to David Wesling, David Venturella, Markwayne Mullin, Todd Blanche on 8/12/2026. (JAM) (Entered: 08/12/2026)

#6

Aug 12, 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: 08/12/2026)

#7

Aug 12, 2026

NOTICE of Appearance by Mark Sauter on behalf of Todd Blanche, Markwayne Mullin, David Venturella, David Wesling (Sauter, Mark) (Entered: 08/12/2026)

Aug 12, 2026

Copy Mailed

Aug 12, 2026

Notice of Case Assignment

#8

Aug 13, 2026

Notice - Other

#9

Aug 13, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#10

Aug 13, 2026

Emergency Response by Elba Cruz-Rivas to 8 Notice (Other) . (Doyle, Kerry) (Entered: 08/14/2026)

#11

Aug 14, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, David Venturella, Todd Blanche. Petitioner Elba Cruz-Rivas resides in Portland, Maine and is a citizen of Guatemala. She entered the United States without inspection on or about 2004 or 2005 and has remained here since that time. Petitioner has a United States citizen daughter, Rasha Hernandez Cruz, who is fifteen years old. She has two adult sons and two United States citizen grandchildren. She is a single mother to Rasha. She is currently held by United States Immigration and Customs Enforcement (ICE) at its Burlington, Massachusetts facility.The court orders the government to facilitate a bond hearing for Elba Cruz-Rivas 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 Wednesday August 19, 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: 08/14/2026)

#12

Aug 14, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Notice (Other) filed by Markwayne Mullin, David Wesling, David Venturella, Todd Blanche, and 10 Response filed by Elba Cruz-Rivas. The court notes the government's representation that personal jurisdiction will remain in this court (as appropriate) and recommends that for reasons of family and litigation convenience the petitioner be housed at either Strafford County House of Corrections in Dover, New Hampshire or the Donald W. Wyatt Detention Facility in Central Falls, Rhode Island. (MZ) (Entered: 08/14/2026)

Aug 14, 2026

Order

#13

Aug 19, 2026

MOTION to Enforce Judgment by Elba Cruz-Rivas. (Attachments: # 1 Exhibit Supporting Document)(Doyle, Kerry) (Entered: 08/19/2026)

#14

Aug 20, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 13 MOTION to Enforce Judgment filed by Elba Cruz-Rivas.The authority for United States Immigrations and Customs Enforcement (ICE) officers to arrest and detain noncitizens derives primarily from 8 U.S.C. §§ 1226 and 1357, during the pendency of formal removal proceedings. ICE continues to detain petitioner Elba Cruz-Rivas while there are no such proceedings currently pending against her (the Immigration Court dismissed ICE's case against Cruz-Rivas on 8/14/26 for failure to prosecute). The government must show cause, no later than 8/24/26, why Elba Cruz-Rivas should not be released or state under what authority it continues to detain her. (MZ) (Entered: 08/20/2026)

Aug 20, 2026

Order