District of Massachusetts • 1:25-cv-13832
Suarez Ascension v. Wesling
Active
Case Information
Filed: December 12, 2025
Assigned to:
Angel Kelley
Referred to:
—
Nature of Suit: Habeas Corpus (General)
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
December 29, 2025
Parties:
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Docket Entries
#1
Dec 12, 2025
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11417722 Fee status: Filing Fee paid., filed by Eduardo Suarez Ascension. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil Cover Sheet)(Ciachurski, Julia) (Entered: 12/12/2025)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Dec 12, 2025
District Judge Angel Kelley: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL ORDER entered. (svm) (Entered: 12/12/2025)
Main Document:
Order
#3
Dec 15, 2025
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (CM) (Entered: 12/15/2025)
#4
Dec 15, 2025
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (NMC) (Entered: 12/15/2025)
Main Document:
Service Order-2241 Petition
#5
Dec 15, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to AUSA Michael Fitzgerald, Rayford Farquhar, and USAMA Civil Process on 12/15/2025 at 10:23 AM and mailed to All Respondents. (NMC) (Entered: 12/15/2025)
#6
Dec 15, 2025
General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (NMC) (Entered: 12/15/2025)
Main Document:
General Order 19-02
#7
Dec 15, 2025
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (NMC) (Entered: 12/15/2025)
#8
Dec 15, 2025
Extension of Time to File Response/Reply
Main Document:
Extension of Time to File Response/Reply
Dec 15, 2025
Copy Mailed
Dec 15, 2025
Notice of Case Assignment
#9
Dec 16, 2025
District Judge Angel Kelley: ELECTRONIC ORDER entered granting 8 Assented to MOTION for Extension of Time to December 19, 2025 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241). Responses/ Replies due by 12/19/2025 (CEH) (Entered: 12/16/2025)
Dec 16, 2025
Order on Motion for Extension of Time to File Response/Reply
#10
Dec 18, 2025
Notice of Appearance
Main Document:
Notice of Appearance
#11
Dec 18, 2025
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#12
Dec 19, 2025
District Judge Angel Kelley: ELECTRONIC ORDER entered.Before the Court is Petitioner Eduardo Suarez Ascension’s Petition for Writ of Habeas Corpus. [Dkt. 1 ]. Respondents "submit that the legal issues presented in this Petition are similar to those recently addressed by this Court" [Dkt. 11 at 1] in Amaya Sanchez v. Moniz et al., No. 25-CV-12806-AK (D. Mass. Oct. 10, 2025) [Dkt. 10 ], in which the Court joined other sessions of this Court, and other courts across the country, in holding that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Amaya Sanchez. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful. Petitioner’s Petition [Dkt. 1 ] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(FGD) (Entered: 12/19/2025)
Dec 19, 2025
Order AND ~Util - Set Deadlines
#13
Dec 29, 2025
Status Report
Main Document:
Status Report
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