District of Massachusetts • 1:26-cv-13927

#1

Aug 26, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11986904 Fee status: Filing Fee paid., filed by Edwin A Sapatanga Dumaguala. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Request for Reasonable Fear Interview)(Shaw, Elizabeth) (Entered: 08/26/2026)

#2

Aug 26, 2026

Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (BEL) (Entered: 08/26/2026)

#3

Aug 27, 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 Donald L. Cabell. (JKK) (Entered: 08/27/2026)

#4

Aug 27, 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). (FGD) (Entered: 08/27/2026)

#5

Aug 27, 2026

District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 08/27/2026)

#6

Aug 27, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to Duty AUSA and mailed to Respondents and USAO on 8/27/2026. (FGD) (Entered: 08/27/2026)

Aug 27, 2026

Notice of Case Assignment

Aug 27, 2026

Copy Mailed

#7

Sep 01, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Wesling (Engingro, Vincent) (Entered: 09/01/2026)

#8

Sep 01, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Engingro, Vincent) (Entered: 09/01/2026)

#9

Sep 02, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 8 RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241).Any reply by the petitioner is due by September 9, 2026. (FGD) (Entered: 09/02/2026)

#10

Sep 02, 2026

Response - not related to a motion

Sep 02, 2026

Order

#11

Sep 08, 2026

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Edwin Sapatanga Dumaguala, a citizen of Ecuador, has filed a petition pursuant to 28 U.S.C. § 2241 challenging his detention by the respondents. Doc. No. 1. In 2018, Petitioner was found inadmissible and was removed. Doc. No. 1 ¶ 14; Doc. Nos. 8-1, -2. In approximately 2020, Petitioner reentered the United States, where he has lived since. Doc. No. 1 ¶¶ 15–16. On August 26, 2026, ICE arrested Petitioner in Framingham, Massachusetts, while he was driving a work van with a few other individuals. Id. ¶ 17. According to Petitioner, ICE did not present a warrant at the time of his arrest. Id. ¶¶ 17, 19. Petitioner argues that, at the time of his arrest, the arresting officers lacked probable cause to believe he was unlawfully present in the United States or that he was likely to escape before a warrant could be obtained, in violation of 8 U.S.C. § 1357(a)(2) and the Fourth Amendment. Id. ¶¶ 31–41; see also, e.g., Morales v. Chadbourne, 793 F.3d 208, 216 (1st Cir. 2015) (probable cause standard).Respondents do not dispute Petitioner’s allegation that he was arrested without a warrant, nor do they meaningfully respond to Petitioner’s challenge to the lawfulness of his arrest. See generally Doc. No. 8. Respondents contend his present detention is lawful under 8 U.S.C. § 1231, with any remedy for the allegedly unlawful arrest available only in a civil rights action or perhaps immigration court, but not in this habeas petition. Id. at 5, 7–8; see also, e.g., Arias v. Rogers, 676 F.2d 1139, 1142, 1144 (7th Cir. 1982); Silva v. Noem, No. 1:26-cv-0072 (RDA/LRV), 2026 WL 560338, at *3 (E.D. Va. Feb. 25, 2026); Par v. Jamison, No. 26-cv-3504-MRP, 2026 WL 1603299, at *4 (E.D. Pa. June 4, 2026). On the other hand, some district courts have ordered the release of a petitioner in similar circumstances. See, e.g., Ademir A.S. v. Blanche, No. 0:26-cv-02804-LMP-SGE, 2026 WL 1734906, at *4 (D. Minn. June 16, 2026); De La Rosa Izaguirre v. Blanche, No. 26-cv-2911 (PKC), 2026 WL 2023200, at *11–14 (E.D.N.Y. July 13, 2026).In light of the foregoing, by September 15, 2026, Respondents shall supplement their response with the following information so the Court can assess whether it need resolve the foregoing legal issue: (1) copies of the Forms I-205 and I-871; (2) the date, time, and location when and where these forms were issued and completed; (3) a declaration of the arresting officer(s) regarding the circumstances of Petitioner’s arrest; and (4) any other records created in connection with the arrest. The petition remains under advisement. (SED) (Entered: 09/08/2026)

Sep 08, 2026

Order