District of Massachusetts • 1:26-cv-13983

#1

Aug 28, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11993724 Fee status: Filing Fee paid., filed by Cristhian Paul Toaquiza Ortega.(Lagana, Stephen) (Entered: 08/28/2026)

#2

Aug 28, 2026

Civil Cover Sheet & Category Sheet by Cristhian Paul Toaquiza Ortega. (Lagana, Stephen) (Entered: 08/28/2026)

#3

Aug 31, 2026

ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents- Civil Cover Sheet & Category Sheet. (MBM) (Entered: 08/31/2026)

#4

Aug 31, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Julia E. Kobick 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. (FGD) (Entered: 08/31/2026)

#5

Aug 31, 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). (Currie, Haley) (Entered: 08/31/2026)

#6

Aug 31, 2026

District Judge Julia E. Kobick: ORDER CONCERNING SERVICE OF PETITION AND STAY OR TRANSFER OF REMOVAL entered.The answer or responsive pleading is due no later than September 7, 2026. (Currie, Haley) (Entered: 08/31/2026)

#7

Aug 31, 2026

Copies of the following were mailed to all respondents on 8/31/2026: 1 Petition for Writ of Habeas Corpus (2241) and 6 Order Concerning Service of Petition and Stay or Transfer of Removal (Currie, Haley) (Entered: 08/31/2026)

Aug 31, 2026

Notice - Other

Aug 31, 2026

Notice of Case Assignment

Aug 31, 2026

Copy Mailed

#8

Sep 08, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) (Entered: 09/08/2026)

#9

Sep 08, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Engingro, Vincent) Modified on 9/8/2026: main document replaced with corrected PDF provided by counsel (Currie, Haley). (Entered: 09/08/2026)

#10

Sep 08, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. Petitioner Cristhian Paul Toaquiza Ortega, a citizen of Ecuador who entered the United States in May 2023, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 on August 28, 2026 seeking his immediate release or, alternatively, a bond hearing pursuant to 8 U.S.C. § 1226(a). ECF 1, ¶¶ 1, 4, 11. He was arrested and detained by the U.S. Immigration and Customs Enforcement (“ICE”) on August 9, 2026. Id. ¶ 3. Toaquiza Ortega remains in ICE’s custody at Plymouth County Correctional Facility in Plymouth, Massachusetts. Id. The respondents acknowledge “that the legal issues presented in this Petition are similar to those recently addressed by this Court in Rodrigues da Silva v. U.S. Department of Homeland Security, Civil Action No. 26-cv-13854 (D. Mass. Aug. 25, 2026).” ECF 9, at 1. In that case, the respondents did not dispute that petitioner was detained under 8 U.S.C. § 1226 and was therefore entitled a bond hearing pursuant to Section 1226(a). ECF 8, Rodrigues da Silva, No. 26-cv-13854 (D. Mass. Aug. 25, 2026). Noncitizens “detained under Section 1226(a) have the right to request a bond hearing before an Immigration Judge, at which the government bears the burden to prove that continued detention is justified.” Sampiao v. Hyde, 799 F. Supp. 3d 14, 19-20 (D. Mass. 2025). Bond may be denied only if the government “either (1) prove[s] by clear and convincing evidence that [the noncitizen] poses a danger to the community or (2) prove[s] by a preponderance of the evidence that [the noncitizen] poses a flight risk.” Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021).The Court held in Rodrigues da Silva that petitioner was not required to exhaust administrative remedies. Exhaustion may be excused where a petitioner could “‘suffer irreparable harm if unable to secure immediate judicial consideration of his claim.’” Portela-Gonzalez v. Sec’y of the Navy, 109 F.3d 74, 77 (1st Cir. 1997) (quoting McCarthy v. Madigan, 503 U.S. 140, 147 (1992)). This includes situations where “the petitione[r] remains detained” pending the exhaustion of administrative remedies. Brito v. Garland, 22 F.4th 240, 256 (1st Cir. 2021). Here, the respondents make no assurances that Toaquiza Ortega would receive a bond hearing within a reasonable period of time—i.e., one week—once requested. Absent such assurances, waiver of the exhaustion requirement is warranted because Toaquiza Ortega, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing. SeeSampiao, 799 F. Supp. 3d at 25-26. Toaquiza Ortega is therefore entitled to a bond hearing, as the respondents admit. ECF 9, at 1.For the foregoing reasons, Toaquiza Ortega’s petition for a writ of habeas corpus under 28 U.S.C. § 2241, ECF 1, is GRANTED. The respondents are ORDERED to provide him with a bond hearing pursuant to 8 U.S.C. § 1226(a) within 7 days of this Order. The respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge’s decision on bond, stating whether Toaquiza Ortega has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether she has been released, and if so, the date, time, and location of his release. The respondents should include a copy of the Immigration Judge’s decision with their status report. (Currie, Haley) (Entered: 09/08/2026)

Sep 08, 2026

Order

#11

Sep 24, 2026

District Judge Julia E. Kobick: ELECTRONIC ORDER entered. On September 8, 2026, the Court granted Toaquiza Ortega's habeas petition and ordered respondents "to provide him with a bond hearing... within 7 days of this Order"—i.e., by September 15, 2026. ECF 10. Respondents have not yet filed the status report required by this Court's order. Respondents are, accordingly, ORDERED to file a status report detailing their compliance with the Court's order and the outcome of the bond hearing by September 25, 2026. (BEL) (Entered: 09/24/2026)

#12

Sep 24, 2026

STATUS REPORT by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Engingro, Vincent) (Entered: 09/24/2026)

Sep 24, 2026

Order

#13

Oct 01, 2026

District Judge Julia E. Kobick: JUDGMENT entered. (Currie, Haley) (Entered: 10/01/2026)