District of Massachusetts • 1:26-cv-13993

#1

Aug 31, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11995977 Fee status: Filing Fee paid., filed by Carlos Roberto Ferreira. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 08/31/2026)

#2

Aug 31, 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 Jennifer C. Boal. (FGD) (Entered: 08/31/2026)

#3

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). (SP) (Entered: 08/31/2026)

#4

Aug 31, 2026

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later September 3, 2026.(SP) (Entered: 08/31/2026)

#5

Aug 31, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition, mailed to All Respondents on 8/31/2026. (SP) (Entered: 08/31/2026)

Aug 31, 2026

Copy Mailed

Aug 31, 2026

Notice of Case Assignment

#6

Sep 03, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (Engingro, Vincent) (Entered: 09/03/2026)

#7

Sep 03, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 09/03/2026)

#8

Sep 03, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Doc. No. 7, Respondents acknowledge that the legal issues presented in this petition are similar to those recently addressed by the First Circuit in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). Respondents argue the Petition should nonetheless be denied because Petitioner has not yet requested a bond hearing and has thus failed to exhaust his administrative remedies. See Doc. No. 7 at 1. Exhaustion may be excused, however, 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, Respondents make no assurances that Petitioner 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 Peititoner, who remains in ICE custody, is likely to experience irreparable harm to his liberty while awaiting that hearing.Given this, and in light of the record before me, the Petition for Writ of Habeas Corpus is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) by September 10, 2026. The Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Unless Petitioner was provided a bond hearing, Respondents shall release Petitioner by 6 PM on September 10, 2026. The Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judges decision on bond, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The Respondents should include a copy of the Immigration Judges decision with their status report.(SP) (Entered: 09/03/2026)

Sep 03, 2026

Order

#9

Sep 16, 2026

STATUS REPORT by Todd W. Blanche, Antone Moniz, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 09/16/2026)

#10

Sep 30, 2026

Judgment