District of Massachusetts • 1:26-cv-13908

#1

Aug 25, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11982480 Fee status: Filing Fee paid., filed by Ntambwe Ribeiro Tschimayi. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Qirici, Enxhi) (Entered: 08/25/2026)

#2

Aug 25, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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. (JKK) (Entered: 08/25/2026)

#3

Aug 25, 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). (MBM) (Entered: 08/25/2026)

#4

Aug 25, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Wednesday, August 26, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Monday, August 31, 2026.(MBM) (Entered: 08/25/2026)

#5

Aug 25, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Lindsey Ross and mailed to all respondents on 8/25/2026. (MBM) (Entered: 08/25/2026)

Aug 25, 2026

Notice of Case Assignment

Aug 25, 2026

Copy Mailed

#6

Aug 26, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Michael Krol, Todd Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling (Engingro, Vincent) (Entered: 08/26/2026)

#7

Aug 26, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Michael Krol, Todd Lyons, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Engingro, Vincent) (Entered: 08/26/2026)

#8

Aug 26, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents submit that [b]ased on Guerrero Orellana, this Court is likely to conclude that Petitioners detention is under 8 U.S.C. § 1226(a) and that Petitioner is entitled to a bond hearing. Dkt. 7 at 1. The First Circuit has held that [n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to§ 1225(b)(2)(A)s mandatory detention provision, but rather, are governed by§ 1226. Guerrero Orellana v. Moniz, 2026 WL 2352042, at *11 (1st Cir. Aug. 13, 2026). Therefore, Petitioner is entitled to a bond hearing. See id. at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). Respondents argue that the Court should nonetheless deny the habeas petition because Petitioner failed to exhaust his administrative remedies by first asking the immigration court for a bond hearing. Dkt. 7 at 2-3.This Court has already ruled that exhaustion is not required. See Waters Rossin v. Moniz, 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026). The First Circuits decision in Guerrero Orellana does not change this. See Gonzalez Urizar v. Hyde, 26-cv-13865, Dkt. 9 (D. Mass. Aug. 26, 2026).Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Wednesday, September 2, 2026, unless, before that time, Petitioner is provided a bond hearing which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the presiding immigration judge (IJ) considers alternatives to detention. Respondents are thereby ORDERED to file a status report by 12:00 p.m. on Thursday, September 3, 2026, detailing their compliance with this order. If a bond hearing was held, the status report shall state whether Petitioner has been granted bond, the date, time, and location of his release, or, if his request for bond was denied, the reasons for that denial. Respondents should include a copy of the IJs decision with the status report.Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. § 2412.(MBM) (Entered: 08/26/2026)

Aug 26, 2026

Order