District of Massachusetts • 1:26-cv-14020

#1

Sep 01, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12000743 Fee status: Filing Fee paid., filed by Rudy Isidro Niz Tomas. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(MacMurray, Kevin) Modified on 9/1/2026 to remove duplicate text (LBO). (Entered: 09/01/2026)

#2

Sep 01, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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. (MAC) (Entered: 09/01/2026)

Sep 01, 2026

Notice of Case Assignment

#3

Sep 02, 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). (MBM) (Entered: 09/02/2026)

#4

Sep 02, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on September 3, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Tuesday, September 8, 2026.(MBM) (Entered: 09/02/2026)

#5

Sep 02, 2026

Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to Duty AUSA Raquelle Kaye and mailed to all respondents on 9/2/2026. (MBM) (Entered: 09/02/2026)

#6

Sep 02, 2026

NOTICE of Appearance by Rayford A. Farquhar on behalf of Todd Blanche, Patricia Hyde, Markwayne Mullen, David Venturella, David Wesling (Farquhar, Rayford) (Entered: 09/02/2026)

Sep 02, 2026

Copy Mailed

#7

Sep 03, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Patricia Hyde, Markwayne Mullen, David Venturella, David Wesling (Engingro, Vincent) (Entered: 09/03/2026)

#8

Sep 03, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Patricia Hyde, Markwayne Mullen, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Engingro, Vincent) (Entered: 09/03/2026)

#9

Sep 03, 2026

NOTICE of Withdrawal of Appearance by Rayford A. Farquhar (Farquhar, Rayford) (Entered: 09/03/2026)

#10

Sep 03, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Tschimayi v. Moniz, Civil Action No. 26-cv-13908 (D. Mass. Aug. 26, 2026).” Dkt. 8 at 1. In that case, the Court ordered a bond hearing under 8 U.S.C. § 1226(a) based on Guerrero Orellana v. Moniz, 2026 WL 2352042, at *11 (1st Cir. Aug. 13, 2026), which held that “[n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to § 1225(b)(2)(A)’s mandatory detention provision, but rather, are governed by § 1226." Therefore, Petitioner is entitled to a bond hearing here. See Guerrero Orellana, 2026 WL 2352042, at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). The Court further held in Tschimayi petitioners are not required to exhaust their administrative remedies. Tschimayi, No. 26-cv-13908, Dkt. 8 (citing Waters Rossin v. Moniz, 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026); Gonzalez Urizar v. Hyde, 26-cv-13865, Dkt. 9 (D. Mass. Aug. 26, 2026)).Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Thursday, September 10, 2026, unless, before that time, Petitioner is provided a bond hearing which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the presiding immigration judge (“IJ”) considers alternatives to detention. Respondents are thereby ORDERED to file a status report by 12:00 p.m. on Friday, September 11, 2026, detailing their compliance with this order. If a bond hearing was held, the status report shall state whether Petitioner has been granted bond, the date, time, and location of his release, or, if his request for bond was denied, the reasons for that denial. Respondents should include a copy of the IJ’s decision with the status report.Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. § 2412.(MBM) (Entered: 09/03/2026)

Sep 03, 2026

Order