District of Massachusetts • 1:26-cv-14042

#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)

#2

Sep 02, 2026

MOTION for Immediate Release from Custody by Carlos Alberto Orduna Alvarez.(JAM) (Entered: 09/02/2026)

#3

Sep 02, 2026

MOTION for Order Barring Re-Detention Upon Release by Carlos Alberto Orduna Alvarez.(JAM) (Entered: 09/02/2026)

#4

Sep 02, 2026

MOTION to Expedite Consideration by Carlos Alberto Orduna Alvarez.(JAM) (Entered: 09/02/2026)

#5

Sep 02, 2026

MOTION for Temporary Restraining Order by Carlos Alberto Orduna Alvarez. (Attachments: # 1 Proposed Order)(JAM) (Entered: 09/02/2026)

#6

Sep 02, 2026

MOTION for Stay of Removal by Carlos Alberto Orduna Alvarez. (Attachments: # 1 Proposed Order)(JAM) (Entered: 09/02/2026)

#7

Sep 02, 2026

DECLARATION by Carlos Alberto Orduna Alvarez. (JAM) (Entered: 09/02/2026)

#8

Sep 02, 2026

Proof of Service by Carlos Alberto Orduna Alvarez. (JAM) (Entered: 09/02/2026)

#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)

#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)

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)

#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)

#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)

Sep 04, 2026

Order

#18

Sep 08, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Joseph D. McDonald Jr., Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 09/08/2026)

#19

Sep 10, 2026

CLERK'S NOTES for Status Conference held in-person before Judge Brian E. Murphy: Petitioner present but does not speak English. Interpreter provided and sworn. Court cannot order an immediate release and explains the procedure for appealing the outcome of the bond hearing already held. Court DENIES all pending motions: 2 Motion for Immediate Release from Custody; 3 Motion for Order Barring Re-Detention Upon Release; 4 Motion to Expedite Consideration; 5 Motion for Temporary Restraining Order; and, 6 Motion for Stay of Removal. Further, the Court STAYS the Petition for one week. Petitioner to contact his lawyer. Respondent to file a Status Report, to include an update of the EOIR hearing on 9/11/2026, no later than 9/17/2026. (Court Reporter: Linda Horne at lindahorne1@charter.net)(Attorneys present: Alvarez (pro se), AUSA Engingro) (BIB) (Entered: 09/10/2026)

#20

Sep 10, 2026

Copy re 19 Order on Motion for Miscellaneous Relief, Order on Motion to Expedite, Order on Motion for TRO, Status Conference mailed to Carlos Alberto Orduna Alvarez on 9/10/2026. (MBM) (Entered: 09/10/2026)

Sep 10, 2026

Copy Mailed

Sep 10, 2026

Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for TRO AND Order on Motion to Expedite AND Status Conference

#21

Sep 21, 2026

STATUS REPORT by Todd Blanche, Joseph D. McDonald Jr., Markwayne Mullin, David Venturella, David Wesling. (Engingro, Vincent) (Entered: 09/21/2026)

#22

Sep 22, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Pursuant to the hearing held on 9/10/2026 and upon review of the Status Report 21 filed on 9/21/2026, the Petition for Writ of Habeas Corpus is DENIED. (MBM) (Entered: 09/22/2026)

#23

Sep 22, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. FINAL JUDGMENT... In accordance with this Courts Order (ECF #22) issued on September 22, 2026, denying the Petitioners Writ of Habeas Corpus, it is hereby ORDERED: Judgment for the Respondents against the Petitioner. (MBM) (Entered: 09/22/2026)

#24

Sep 22, 2026

Copy re 23 Judgment, 22 Order mailed to Carlos Alberto Orduna Alvarez on 9/22/2026. (MBM) (Entered: 09/22/2026)

Sep 22, 2026

Copy Mailed

Sep 22, 2026

Order

#25

Sep 26, 2026

NOTICE of Appearance by Irene C. Freidel on behalf of Carlos Alberto Orduna Alvarez (Freidel, Irene) (Entered: 09/26/2026)

#26

Sep 28, 2026

MOTION to Reopen Case per FRCP 60(b)(6) by Carlos Alberto Orduna Alvarez.(Freidel, Irene) (Entered: 09/28/2026)

#27

Sep 28, 2026

AMENDED DOCUMENT by Carlos Alberto Orduna Alvarez. Amendment to 1 Petition for Writ of Habeas Corpus (2241), . (Attachments: # 1 Exhibit IJ Bond Order, # 2 Exhibit DHS Evidence, # 3 Exhibit Petitioner's Bond Evidence, # 4 Exhibit Petitioner's Supplemental Bond Evidence)(Freidel, Irene) (Entered: 09/28/2026)

#28

Sep 28, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. The 26 motion to reopen is GRANTED. Respondents are ORDERED to respond to the amended petition no later than Thursday, October 1, 2026 and to include therewith a transcript or audio recording of Petitioners bond hearing as well as any evidence presented to the immigration judge that Petitioner has not provided to this Court. In order to provide an opportunity for a fair and orderly consideration of the amended petition, it is hereby ORDERED as follows:Petitioner shall not be transferred to another district unless Respondents provide advanced notice 72 hours before the intended move. Such notice shall be filed separately in writing on the docket in this proceeding and shall state the reason why Respondents believe that such a movement is necessary and should not be stayed pending further court proceedings. Once that notice of intent to transfer has been docketed, Petitioner shall not be moved out of the District until the Court lifts this order.If Respondents contest that Petitioner is presently confined in the District of Massachusetts, Respondents shall file a notice in writing on the docket stating the name and location of the facility in which Petitioner is confined. Such notice shall be provided promptly after Respondents become aware of that fact.Petitioner shall not be deported, removed, or otherwise transferred outside the United States until further order of this Court. (MBM) (Entered: 09/28/2026)

Sep 28, 2026

Order on Motion to Reopen Case

#29

Sep 29, 2026

NOTICE of Appearance by Daniela Hargus on behalf of Carlos Alberto Orduna Alvarez (Hargus, Daniela) (Entered: 09/29/2026)

#30

Oct 01, 2026

Response by Todd Blanche, Joseph D. McDonald Jr., Markwayne Mullin, David Venturella, David Wesling to 27 Amended Document, . (Engingro, Vincent) (Entered: 10/01/2026)

#31

Oct 05, 2026

MOTION for Leave to File Reply by Carlos Alberto Orduna Alvarez.(Hargus, Daniela) (Entered: 10/05/2026)

#32

Oct 05, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Petitioner challenges the constitutionality of his bond determination. Dkt. 27 . The immigration judge ("IJ") found that "respondent is a danger to the community by clear and convincing evidence and there is no alternative to detention exists that would ensure the safety of the community." Dkt. 27-1 at 2. Therefore, Petitioner must show that as a matter of law, no reasonable IJ could have found that evidence proved by clear and convincing evidence that Petitioner is a danger to the community, see Miti v. Moniz, 2026 WL 884639, at *6 (Mar. 31, 2026); Diaz Ortiz v. Smith, 384 F. Supp. 3d 140, 143 (D. Mass. 2019), or that the process provided was constitutionally insufficient. Here, Respondents submitted a Form I-213 as evidence of Petitioner's 2023 conviction for operating under the influence. Dkt. 27-2 at 8; see also audio recording of bond hearing (manually filed with the Court). At the hearing, Respondents contended that Petitioner's blood alcohol was "high," but could not identify evidence in the record to support this factual assertion. The Court finds that the fact of an OUI, without any details as to the circumstances of the offense is insufficient evidence of dangerousness as a matter of law. Cf. Ajanel Velasquez v. Moniz, 26-cv-11935, Dkt. 15 (June 10, 2026) (denying motion to enforce in light of Petitioner's multiple OUI charges, including a police report that described Petitioner's vehicle "swerving back and forth multiple times" across the lane lines, and noted that the police officer's account of erratic driving was corroborated by the presence of several open containers of alcoholic beverages in the driver's side door and elsewhere in the vehicle).The Court also notes that the IJ did not meaningfully consider alternatives to detention. See Costa v. McDonald, 2026 WL 371198, at *3 (D. Mass. Feb. 10, 2026); see also Rogerio Ramos v. Moniz, No. 26-cv-11388, Dkt. 19 at 45 (D. Mass. Apr. 27, 2026) ("the bond hearing held in this case was deficient, and thus did not comport with this Court's Order" because "the IJ failed to consider whether any alternatives to detention existed that would ensure the safety of the community notwithstanding the context-specific evidence of danger advanced by the government"). Petitioner raised alternatives to detention at the bond hearing and the IJ did not address them, instead denying alternatives "in a single conclusory sentence" in the order. Correia De Pina v. Moniz, 2026 WL 2593316, at *4 (D. Mass. Sep. 2, 2026). Upon careful consideration of the record, the Court concludes that the proper remedy is immediate release because Respondents failed to meet their burden of proving dangerousness by clear and convincing under Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021). Accordingly, the amended petition 27 is GRANTED. Petitioner is ORDERED IMMEDIATELY RELEASED. Respondents are ORDERED to submit a status report on or before 5:00 p.m. on October 6, 2026 detailing their compliance with this order. (BEL) (Entered: 10/05/2026)

Oct 05, 2026

Order

#33

Oct 07, 2026

Status Report

#34

Oct 07, 2026

Judgment