District of Massachusetts • 1:26-cv-14247

#1

Sep 16, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12039267 Fee status: Filing Fee paid., filed by Jose Gonzalo Huaman Zarate. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit IJ Bond Decision, # 4 Exhibit EOIR-43 Notice of Intent to Appeal, # 5 Exhibit EOIR-26 Notice of Appeal)(Andrade, Joceline) Modified on 9/16/2026 to remove duplicate docket text (JKK). (Entered: 09/16/2026)

#2

Sep 16, 2026

NOTICE of Appearance by Juan E. Bedoya on behalf of Jose Gonzalo Huaman Zarate (Bedoya, Juan) (Entered: 09/16/2026)

#3

Sep 16, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Myong J. Joun 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. (LBO) (Entered: 09/16/2026)

#4

Sep 16, 2026

Judge Myong J. Joun: ORDER entered. SERVICE ORDER re 2241 Petition. Order entered pursuant to 28 U.S.C. 2243 governing Section 2241 cases for service on respondents. The answer or responsive pleading is due no later than September 21, 2026.(SP) (Entered: 09/16/2026)

#5

Sep 16, 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). (SP) (Entered: 09/16/2026)

Sep 16, 2026

Notice of Case Assignment

#6

Sep 21, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Joseph Mcdonald Jr., Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 09/21/2026)

#7

Sep 21, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. In their Response to Habeas Petition, Doc. No. 6, Respondents acknowledge that the legal issues presented in this petition are similar to those recently addressed by the First Circuit in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026). Given this, and in light of the record before me, the Petition for Writ of Habeas Corpus is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) by September 28, 2026. The Respondents are ENJOINED from denying bond to Petitioner on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Unless Petitioner was provided a bond hearing, Respondents shall release Petitioner by 6 PM on September 28, 2026. The Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judges decision on bond, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. The Respondents should include a copy of the Immigration Judges decision with their status report. (SP) (Entered: 09/21/2026)

#8

Sep 21, 2026

Emergency MOTION for Reconsideration and Reply to Respondents' Response by Jose Gonzalo Huaman Zarate.(Bedoya, Juan) (Entered: 09/21/2026)

#9

Sep 21, 2026

Judge Myong J. Joun: ELECTRONIC ORDER entered. Petitioner’s Motion for Reconsideration Doc. No. 8 is GRANTED. “[Petitioner’s] detention pursuant to the automatic stay regulation violates his procedural due process rights under the Fifth Amendment, and he is entitled to immediate release.” Sampiao v. Hyde, 799 F. Supp. 3d 14, 34 (D. Mass. 2025). Respondents are ORDERED to release Petitioner immediately upon his posting of the ordered bond. Respondents are further ORDERED to file a status report on or before September 23, 2026, confirming Petitioner has been released from custody. (SP) (Entered: 09/21/2026)

Sep 21, 2026

Order

Sep 21, 2026

Order on Motion for Reconsideration

#10

Sep 22, 2026

Notice of Appearance