District of Massachusetts • 1:25-cv-13878

#1

Dec 17, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11426834 Fee status: Filing Fee paid., filed by Oscar R Alverez Ortiz. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Celli, Melissa) (Entered: 12/17/2025)

#2

Dec 17, 2025

District Judge Angel Kelley: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL ORDER entered. (svm) (Entered: 12/17/2025)

#3

Dec 18, 2025

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (CM) (Entered: 12/18/2025)

#6

Dec 29, 2025

NOTICE of Appearance by Anuj K. Khetarpal on behalf of Michael Krol, Todd Lyons, Joseph D. McDonald, Antone Moniz, Kristi Noem (Khetarpal, Anuj) (Entered: 12/29/2025)

#7

Dec 29, 2025

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241) by Michael Krol, Todd Lyons, Joseph D. McDonald, Antone Moniz, Kristi Noem. (Khetarpal, Anuj) (Entered: 12/29/2025)

#8

Dec 30, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi Noem, Todd Lyons, Joseph D. McDonald, Michael Krol, Antone Moniz. Petitioner Oscar R. Alvarez Ortiz filed a Petition for a Writ of Habeas Corpus challenging his immigration detention and seeking immediate release or a bond hearing. Alvarez Ortiz is a 43-year-old man who has been living in the United States since he was 19-years-old (for 24 years). He is the son of two U.S. citizen parents, the brother of two U.S. citizens, and has four U.S. citizen children. He was apprehended by Immigration and Customs Enforcement (ICE) on December 4, 2025, after appearing in Marlborough District Court on charges of "number plate violation to conceal ID," in violation of Mass. Gen. Laws ch. 90, § 23, a misdemeanor related to his adult son's use of his work vehicle. Upon information provided by ICE, he is currently detained at the Plymouth County Correctional Facility. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Alvarez Ortiz's detention, and that the due process clause provides petitioner only those rights conferred by statute. However, the court agrees with Judge Saris's well-reasoned analysis in Guerrero Orellana v. Moniz, --- F. Supp. 3d ----, 2025 WL 2809996 (D. Mass. Oct. 3, 2025), concluding that, when a non-criminal noncitizen residing within the United States is detained, his detention is governed by 8 U.S.C. § 1226(a) rather than 8 U.S.C. § 1225(b)(2). See Guerrero Orellana, 2025 WL 2809996, at *5 (citing the overwhelming number of courts, both within in this district and elsewhere, that have reached the same conclusion). Accordingly, the court orders that ICE facilitate a bond hearing for petitioner Oscar R. Alvarez Ortiz before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case more than seven days from the date of this Order (by 1/6/26). (MZ) (Entered: 12/30/2025)

Dec 30, 2025

Order

#9

Jan 08, 2026

Status Report

#10

Jan 09, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Status Report filed by Kristi Noem, Oscar R Alverez Ortiz, Todd Lyons, Joseph D. McDonald, Michael Krol, Antone Moniz. The Immigration Judge ordered bond and the petitioner has been released from detention. Accordingly, the Clerk can dismiss and close this case. (MZ) (Entered: 01/09/2026)

#11

Jan 09, 2026

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 01/09/2026)

Jan 09, 2026

Order