District of Massachusetts • 1:26-cv-13947

#1

Aug 27, 2026

PETITION for Writ of Habeas Corpus (2241), filed by Kelvin Alas Rivera. (Attachments: # 1 Attachment)(LBO) (Entered: 08/27/2026)

#2

Aug 27, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton 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 M. Page Kelley. (JKK) (Entered: 08/27/2026)

#3

Aug 27, 2026

Judge Nathaniel M. Gorton: ELECTRONIC ORDER of reassignment. Because this case was incorrectly assigned to this session, the Clerk's Office is directed to reassign this matter to a new District Judge for all proceedings. (NMC) (Entered: 08/27/2026)

#4

Aug 27, 2026

ELECTRONIC NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Nathaniel M. Gorton no longer assigned to case. (JKK) (Entered: 08/27/2026)

#5

Aug 27, 2026

Judge Richard G. Stearns: ORDER entered. Procedural Order regarding resolution of filing fee. Plaintiff must respond within 21 days. (jm) (Entered: 08/27/2026)

#6

Aug 27, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 08/27/2026)

#7

Aug 27, 2026

Copy re 6 Order, 1 Petition for Writ of Habeas Corpus (2241) mailed to ICE/D.H.S Department Homeland Security on 8/27/2026. (JAM) (Entered: 08/27/2026)

#8

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). (JAM) (Entered: 08/27/2026)

#9

Aug 27, 2026

Copy re 6 Order, 1 Petition for Writ of Habeas Corpus (2241), 5 PSSA Order 2 and blank IFP mailed to Kelvin Alas Rivera on 8/27/2026. (JAM) (Entered: 08/27/2026)

Aug 27, 2026

Order

Aug 27, 2026

Copy Mailed

Aug 27, 2026

Notice of Case Assignment

Aug 27, 2026

Notice of Reassignment

#10

Sep 02, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of ICE/D.H.S Department Homeland Security (Tolkoff, Benjamin) (Entered: 09/02/2026)

#11

Sep 03, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by ICE/D.H.S Department Homeland Security. (Tolkoff, Benjamin) (Entered: 09/03/2026)

#12

Sep 04, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER REASSIGNING CASE. The Clerk will reassign this case as it is related to 1:26-cv-12175-MJJ. (JAM) (Entered: 09/04/2026)

#13

Sep 04, 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 Paul G. Levenson. (MBM) (Entered: 09/04/2026)

#14

Sep 04, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Doc. No. 11, Respondents contend Petitioner is now subject to an order of removal that is not final only because Petitioner appealed the order. Respondents are ORDERED to submit documentation of Petitioner’s order of removal and the related appeal on or before Tuesday, September 8, 2026.(SP) (Entered: 09/04/2026)

Sep 04, 2026

Notice of Case Assignment

Sep 04, 2026

Order

#15

Sep 08, 2026

RESPONSE TO COURT ORDER by ICE/D.H.S Department Homeland Security re 14 Order, . (Attachments: # 1 Exhibit Order of Removal, # 2 Exhibit Receipt of Appeal by BIA)(Tolkoff, Benjamin) (Entered: 09/08/2026)

#16

Sep 08, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. Petitioner challenges his prolonged detention under the Due Process Clause. Doc. No. 1 . Petitioner’s detention unquestionably constitutes a “significant deprivation of liberty.” Hernandez-Lara v. Lyons, 10 F.4th 19, 27 (1st Cir. 2021) (internal quotation marks omitted). However, here Petitioner focuses on the duration of his detention, and does not identify any reason to expect that the outcome of a second bond hearing might be different than that of the first. The Court notes that Petitioner’s reasoning as to why he is no longer a flight risk, that his criminal charges were dismissed and he has a sponsor, were true during Petitioner’s first bond hearing. See generally Alas Rivera v. Moniz, 26-12175, Doc. No. 9-1 (D. Mass. May 28, 2026). Moreover, Petitioner’s appeal of the Immigration Judge’s order of removal is currently pending before the Board of Immigration Appeals. Doc. Nos. 15-1 & 15-2. Based on the record, the Court does not find that Petitioner’s detention without an additional bond hearing violates his due process rights at this stage, see Mathews v. Eldridge, 424 U.S. 319, 343 (1976) (considering the “probable value, if any, of additional procedural safeguards”). If Petitioner identifies new evidence or a relevant change in circumstances that warrants a second bond hearing, he can seek a bond redetermination under the appropriate regulations. See Lemus Tejada v. Moniz, 26-12619, Doc. No. 16 (D. Mass. July 6, 2026) (citing 8 C.F.R. § 1003.19(e)). Accordingly, the Petition for Writ of Habeas Corpus is DENIED.(SP) (Entered: 09/08/2026)

#17

Sep 08, 2026

Judge Myong J. Joun: ORDER entered. ORDER DISMISSING CASE. (SP) (Entered: 09/08/2026)

#18

Sep 08, 2026

Copy re 17 Order Dismissing Case, 16 Order, mailed to Kelvin Alas Rivera A#218-016-776 Plymouth County Correctional Facility 26 Long Pond Road Plymouth, MA 02360Kelvin Alas Rivera A#218-016-776 Plymouth County Correctional Facility 26 Long Pond Road Plymouth, MA 02360 on 9/8/2026. (SP) (Entered: 09/08/2026)

Sep 08, 2026

Copy Mailed

Sep 08, 2026

Order

#19

Sep 09, 2026

MOTION for Leave to Proceed in forma pauperis by Kelvin Alas Rivera.(SP) (Entered: 09/09/2026)

#20

Sep 09, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered DENYING 19 Motion for Leave to Proceed in forma pauperis (SP) (Entered: 09/09/2026)

#21

Sep 09, 2026

Copy re 20 Order on Motion for Leave to Proceed in forma pauperis mailed to Kelvin Alas Rivera A#218-016-776 Plymouth County Correctional Facility 26 Long Pond Road Plymouth, MA 02360 on 9/9/2026. (SP) (Entered: 09/09/2026)

Sep 09, 2026

Copy Mailed

Sep 09, 2026

Order on Motion for Leave to Proceed In Forma Pauperis