District of Massachusetts • 1:26-cv-14042

Alvarez v. McDonald Jr.

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Case Information

Filed: September 02, 2026
Assigned to: Brian E. Murphy
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 08, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 02, 2026
PETITION for Writ of Habeas Corpus (2241) filed by Carlos Alberto Orduna Alvarez. (Attachments: # 1 Petition)(JAM) (Additional attachment(s) added on 9/2/2026: # 2 Identification Attachment, # 3 Exhibit, # 4 Exhibit, # 5 Family Identification and Pending Forms, # 6 Letter of Reccomendation and Supporting Documents) (JAM). (Entered: 09/02/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Sep 02, 2026
MOTION for Immediate Release from Custody by Carlos Alberto Orduna Alvarez.(JAM) (Entered: 09/02/2026)
Main Document: Miscellaneous Relief
#3
Sep 02, 2026
MOTION for Order Barring Re-Detention Upon Release by Carlos Alberto Orduna Alvarez.(JAM) (Entered: 09/02/2026)
Main Document: Miscellaneous Relief
#4
Sep 02, 2026
MOTION to Expedite Consideration by Carlos Alberto Orduna Alvarez.(JAM) (Entered: 09/02/2026)
Main Document: Expedite
#5
Sep 02, 2026
MOTION for Temporary Restraining Order by Carlos Alberto Orduna Alvarez. (Attachments: # 1 Proposed Order)(JAM) (Entered: 09/02/2026)
Main Document: Temporary Restraining Order
#6
Sep 02, 2026
MOTION for Stay of Removal by Carlos Alberto Orduna Alvarez. (Attachments: # 1 Proposed Order)(JAM) (Entered: 09/02/2026)
Main Document: Miscellaneous Relief
#7
Sep 02, 2026
DECLARATION by Carlos Alberto Orduna Alvarez. (JAM) (Entered: 09/02/2026)
Main Document: Declaration
#8
Sep 02, 2026
Proof of Service by Carlos Alberto Orduna Alvarez. (JAM) (Entered: 09/02/2026)
Main Document: Affidavit
#9
Sep 02, 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 Jessica D. Hedges. (FGD) (Entered: 09/02/2026)
#10
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)
Main Document: General Order 19-02
#11
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 Friday, September 4, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Wednesday, September 9, 2026.(MBM) (Entered: 09/02/2026)
Main Document: Service Order-2241 Petition
Sep 02, 2026
Notice of Case Assignment
#12
Sep 03, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Notwithstanding the Court’s prior order, Dkt. 11, in light of the nature of the allegations raised in the petition, Respondents’ further answer to the petition shall be filed by 1:00 p.m. on Tuesday, September 8, 2026, rather than Wednesday, September 9, 2026. In addition, a status conference is set for 12:00 p.m. on Thursday, September 10, 2026, in Courtroom 12.(MBM) (Entered: 09/03/2026)
#13
Sep 03, 2026
Filing fee/payment: $5.00, receipt number 100016519 for 1 Petition for Writ of Habeas Corpus (2241), (LBO) (Entered: 09/03/2026)
Sep 03, 2026
Filing Fee/Payment Received
Sep 03, 2026
Order AND ~Util - Set Hearings
#14
Sep 04, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Joseph D. McDonald Jr., Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) (Entered: 09/04/2026)
Main Document: Notice of Appearance
#15
Sep 04, 2026
RESPONSE TO COURT ORDER by Todd Blanche, Joseph D. McDonald Jr., Markwayne Mullin, David Venturella, David Wesling re 11 Service Order - 2241 Petition,, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Engingro, Vincent) (Entered: 09/04/2026)
Main Document: Response to Court Order
#16
Sep 04, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. In the first response to the habeas petition, Respondents submit that Petitioner remained in the United States following the expiration of his B2 visa but intend to provide a further response. Dkt. 15 . Respondents are ORDERED to show cause by 5:00 p.m. today, September 4, 2026, for why Petitioner is not entitled to a bond hearing under 8 U.S.C. § 1226(a). See Buenrostro-Mendez v. Bondi, 166 F.4th 494, 504-05 (5th Cir. 2026) ("[O]nly § 1226(a) applies to admitted aliens who overstay their visas, become deportable on many different grounds, or were admitted erroneously due to fraud or some other error."). If Respondents fail to timely show cause, Petitioner will be ordered immediately released. (MBM) (Entered: 09/04/2026)
#17
Sep 04, 2026
RESPONSE TO COURT ORDER by Todd Blanche, Joseph D. McDonald Jr., Markwayne Mullin, David Venturella, David Wesling re 16 Order,,, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Engingro, Vincent) (Entered: 09/04/2026)
Main Document: Response to Court Order
Sep 04, 2026
Order
#18
Sep 08, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241