District of Massachusetts • 1:26-cv-13873

Lema Lema v. Moniz

Active

Case Information

Filed: August 21, 2026
Assigned to: Myong J. Joun
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 21, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11977526 Fee status: Filing Fee paid., filed by Cristian Armando Lema Lema. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(MacMurray, Kevin) Modified on 8/21/2026 Removing duplicate text (NMC). (Entered: 08/21/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 21, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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. (CAM) (Entered: 08/21/2026)
#3
Aug 21, 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). (SP) (Entered: 08/21/2026)
Main Document: General Order 19-02
#4
Aug 21, 2026
Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than August 26, 2026.(SP) (Entered: 08/21/2026)
Main Document: Service Order-2241 Petition
#5
Aug 21, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to All Respondents on 8/21/2026. (SP) (Entered: 08/21/2026)
Aug 21, 2026
Notice of Case Assignment
Aug 21, 2026
Copy Mailed
#6
Aug 24, 2026
AMENDED DOCUMENT by Cristian Armando Lema Lema. Amendment to 1 Petition for Writ of Habeas Corpus (2241), . (MacMurray, Kevin) (Entered: 08/24/2026)
Main Document: Amended Document - NOT Motion
#7
Aug 24, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. Given the conditions of confinement claims in Petitioner's Amended Petition at Doc. No. 6, the Service Order at Doc. No. 4 is hereby MODIFIED: Respondents shall file their answer or responsive pleading no later than 1PM TOMORROW, August 25, 2026. (SP) (Entered: 08/24/2026)
#8
Aug 24, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. The Court ORDERS Respondents to preserve all evidence concerning Petitioner's detention and treatment at the Burlington facility sought in Doc. No. 6, including but not limited to surveillance footage, body-worn camera footage if any, photographs, medical records, incident reports, use-of-force reports, officer logs, housing records, visitor and attorney-access records, and documents presented to Petitioner for signature. (SP) (Entered: 08/24/2026)
Aug 24, 2026
Order
#9
Aug 25, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Patricia Hyde, Antone Moniz, Markwayne Mullen, David Venturella, David Wesling (Engingro, Vincent) (Entered: 08/25/2026)
Main Document: Notice of Appearance
#10
Aug 25, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Patricia Hyde, Antone Moniz, Markwayne Mullen, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 08/25/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Aug 25, 2026
Judge Myong J. Joun: ELECTRONIC ORDER entered. The Court has understood that the Burlington facility was not suitable for housing detainees for any extended period. Petitioner has averred that he has been detained at the Burlington facility since at least August 21, 2026. Respondents do not address this allegation. Nor do Respondents address Petitioner’s allegations concerning abuse and the conditions of his confinement. Instead, Respondents concede only that Petitioner is entitled to a bond hearing. Doc. No. 10 . The Court construes Respondents’ failure to address—or even acknowledge—these allegations as a failure to contest them. In light of the uncontested allegations regarding the conditions of Petitioner’s confinement and the unsuitability of the Burlington facility for extended detention, the Petition, Doc. No. 1, is GRANTED. Respondents are ORDERED to release Petitioner immediately, but no later than 6PM on August 25, 2026. Respondents shall file a status report by 12PM on August 26, 2026, stating whether they have complied with this Order.This release is without prejudice to the scheduling of a bond hearing pursuant to 8 U.S.C. § 1226. Any such hearing shall be held before an immigration judge no later than September 1, 2026. In the event Respondents choose to pursue a bond hearing, Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judges decision on bond, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The Respondents should include a copy of the Immigration Judges decision with their status report.(SKY) (Entered: 08/25/2026)
Aug 25, 2026
Order

Parties

Lema Lema
Party
Moniz
Party