District of Massachusetts • 1:26-cv-14130

#1

Sep 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12018176 Fee status: Filing Fee paid., filed by Buldwin Jean Louis. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 09/09/2026)

#2

Sep 09, 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. (LBO) (Entered: 09/09/2026)

#3

Sep 09, 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: 09/09/2026)

#4

Sep 09, 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 Thursday, September 10, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Tuesday, September 15, 2026.(MBM) (Entered: 09/09/2026)

#5

Sep 09, 2026

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

Sep 09, 2026

Notice of Case Assignment

Sep 09, 2026

Copy Mailed

#6

Sep 10, 2026

NOTICE of Appearance by Rayford A. Farquhar on behalf of Todd Blanche, Markwayne Mullin, David J. Venturella, David Wesling (Farquhar, Rayford) (Entered: 09/10/2026)

#7

Sep 10, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Markwayne Mullin, David J. Venturella, David Wesling. (Attachments: # 1 Exhibit I-200, # 2 Exhibit NTA, # 3 Exhibit I-286, # 4 Exhibit Removal Order, # 5 Exhibit Criminal History, # 6 Exhibit Related Police Reports & Docket Sheets)(Tolkoff, Benjamin) (Entered: 09/10/2026)

#8

Sep 10, 2026

NOTICE of Withdrawal of Appearance by Rayford A. Farquhar (Farquhar, Rayford) (Entered: 09/10/2026)

#9

Sep 10, 2026

Notice of Appearance

#10

Sep 15, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Markwayne Mullin, David J. Venturella, David Wesling. (Attachments: # 1 Exhibit Exhibit 7 Notice of BIA Appeal)(Tolkoff, Benjamin) (Entered: 09/15/2026)

#11

Sep 15, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents contend that “Petitioner’s arrest in June 2025, for receipt of stolen property resulted in his detention pursuant to 8 U.S.C. § 1226(c).” Dkt. 10 at 1; see also 8 U.S.C. § 1226(c)(1)(E)(ii) (providing that the Attorney General “shall take into custody any alien who…(i) is inadmissible under paragraph 6(A), 6(C), or (7) of section 1182(a) of this title; and (ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting”). However, Petitioner’s Notice to Appear states that he is subject to removal under 8 U.S.C. § 1227(a)(2)(B)(i), because of a controlled substance conviction, Dkt. 7 -2 at 4, which may provide the basis for mandatory detention under a different provision of section 1226(c), see 8 U.S.C. § 1226(c)(1)(B) (providing that the Attorney General “shall take into custody any alien who… is deportable by reason of having committed any offense covered in section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title”). Respondents are ORDERED to provide the Court on or before 12:00 p.m. on Friday, September 18, 2026, an explanation of the bases under which they claim Petitioner is being held pursuant to section 1226(c). Petitioner is likewise ORDERED to file a supplemental brief of his own regarding the propriety of his detention under section 1226(c) on or before 12:00 p.m. on Friday, September 18, 2026. (MBM) (Entered: 09/15/2026)

Sep 15, 2026

Order

#12

Sep 18, 2026

BRIEF by Buldwin Jean Louis to 11 Order,,,,,, . (Attachments: # 1 Exhibit 1, Docket Sheet, # 2 Exhibit 2, Motion for New Trial, # 3 Exhibit 3, Affidavit of Petitioner, # 4 Exhibit 4, Affidavit of Defense Attorney, # 5 Exhibit 5, Stamped cover page)(Ciachurski, Julia) (Entered: 09/18/2026)

#13

Sep 18, 2026

RESPONSE TO COURT ORDER by Markwayne Mullin, David J. Venturella, David Wesling re 11 Order,,,,,, . (Tolkoff, Benjamin) (Entered: 09/18/2026)

#14

Sep 18, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. In light of both parties' filings, Dkts. 12, 13, the Court concludes that Petitioner is not subject to mandatory detention under 8 U.S.C. 1226(c). First, 8 U.S.C. § 1226(c)(1)(E) only applies to noncitizens who are “inadmissible” under certain statutory provisions. But Petitioner has been admitted, see Dkt. 7 -2 at 1, and therefore is not inadmissible under any grounds, see, e.g., Uzeh v. Mattos, 2026 WL 2031809, at *1 (D. Nev. July 14, 2026) (“[I]t is undisputed that Uzeh is not an ‘inadmissible’ noncitizen and the Laken Riley Act applies only to inadmissible persons.”); Hernandez-Blanco v. Grant, 2026 WL 1455331, at *6 (W.D. Okla. Mar. 17, 2026) (describing “inadmissible” noncitizens under 8 U.S.C. § 1226(c)(1)(E) as “noncitizens present in the United States without being admitted or paroled”), report and recommendation adopted, 2026 WL 892311 (W.D. Okla. Apr. 1, 2026). Second, the controlled substance CWOFs on which Respondents rely, Dkt. 13 at 1 (citing 8 U.S.C. § 1182(a)(2)(i)(II)), no longer stand, as nolle prosequi has since been entered as to both of those charges following a motion for a new trial, Dkt. 12 at 4-5; Dkt. 12 -1 at 5. Accordingly, because the bases for detention asserted by Respondents are unsupported, Petitioner is ORDERED immediately released. Respondents are further ORDERED to provide on or before Friday, September 25, 2026, an explanation for submitting to this Court a criminal docket sheet that was both obsolete and verifiable with minimal due diligence. (MBM) (Entered: 09/18/2026)

Sep 18, 2026

Order

#15

Sep 25, 2026

RESPONSE TO COURT ORDER by Markwayne Mullin, David J. Venturella, David Wesling re 14 Order,,,,,,, . (Attachments: # 1 Exhibit Declaration of AUSA Tolkoff)(Tolkoff, Benjamin) (Entered: 09/25/2026)

#16

Sep 25, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Pursuant to the Court’s September 18, 2026 Order 14, the Petition for Writ of Habeas Corpus is GRANTED in part. (MBM) (Entered: 09/25/2026)

#17

Sep 25, 2026

Judge Brian E. Murphy: ORDER entered. FINAL JUDGMENT... In accordance with this Court’s Order (ECF #14) issued on September 25, 2026, granting in part the Petitioner’s Writ of Habeas Corpus, it is hereby ORDERED: Judgment for the Petitioner against the Respondents. (MBM) (Entered: 09/25/2026)

Sep 25, 2026

Order