District of Massachusetts • 1:26-cv-14096

#1

Sep 05, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12012222 Fee status: Filing Fee paid., filed by Clopha Lerisemond. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit Release on Recognizance, NTA, Asylum receipts)(Viana, Antonio) (Attachment 1 replaced on 9/8/2026) (MBM). (Attachment 2 replaced on 9/8/2026) (MBM). (Attachment 1 replaced on 9/8/2026) (MBM). (Attachment 2 replaced on 9/8/2026) (MBM). (Entered: 09/05/2026)

#2

Sep 05, 2026

District Judge Angel Kelley: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 09/05/2026)

#3

Sep 08, 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 Donald L. Cabell. (JAM) (Entered: 09/08/2026)

#4

Sep 08, 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: 09/08/2026)

#5

Sep 08, 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 Wednesday, September 9, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00p.m. on Monday, September 14, 2026.(MBM) (Entered: 09/08/2026)

#6

Sep 08, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to Duty AUSA Mark Sauter and mailed to all respondents on 9/8/2026. (MBM) (Entered: 09/08/2026)

#7

Sep 08, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd W. Blanche, Daren K. Margolin, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 09/08/2026)

Sep 08, 2026

Notice of Case Assignment

Sep 08, 2026

Copy Mailed

#8

Sep 09, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Daren K. Margolin, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit NTA and I-200)(Tolkoff, Benjamin) (Entered: 09/09/2026)

#9

Sep 09, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that, based on the First Circuit’s decision in Guerrero Orellana v. Moniz, 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026)... the Court will conclude that Petitioner is detained pursuant to 8 U.S.C. § 1226, and that he is entitled to a bond hearing should he request one.” Dkt. 8 at 1. The First Circuit has 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.” Guerrero Orellana, 2026 WL 2352042, at *11. Therefore, Petitioner is entitled to a bond hearing. See id. at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). To the extent the government argues that Petitioner failed to exhaust administrative remedies by first asking the immigration court for a bond hearing, the Court will not deny the petition on the basis of exhaustion. See Waters Rossin v. Moniz, 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026).Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Wednesday, September 16, 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 Thursday, September 17, 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: 09/09/2026)

Sep 09, 2026

Order

#10

Sep 17, 2026

Status Report

#11

Sep 17, 2026

Judgment