District of Massachusetts • 1:26-cv-14267

#1

Sep 17, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12042583 Fee status: Filing Fee paid., filed by Rufino Celestino Martinez. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Civil Cover Sheet, # 13 Category Form )(Parker, Kenneth) Modified on 9/17/2026: Removed duplicate text .(MAC) (Attachment 13 replaced on 9/17/2026) (MAC). (Entered: 09/17/2026)

#2

Sep 17, 2026

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 Jennifer C. Boal. (FGD) (Entered: 09/17/2026)

#3

Sep 17, 2026

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 09/17/2026)

#4

Sep 17, 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). (JAM) (Entered: 09/17/2026)

#5

Sep 17, 2026

Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241),, mailed to Antone Moniz, David Wesling, David Venturella, Todd Blanche, Markwayne Mullin on 9/17/2026. (JAM) (Entered: 09/17/2026)

Sep 17, 2026

Notice of Case Assignment

Sep 17, 2026

Copy Mailed

#6

Sep 18, 2026

Civil Cover Sheet & Category Sheet re 1 Petition for Writ of Habeas Corpus (2241),, by Rufino Celestino Martinez. (Parker, Kenneth) (Entered: 09/18/2026)

#7

Sep 18, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 09/18/2026)

#8

Sep 23, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 09/23/2026)

#9

Sep 24, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, Todd Blanche, David Venturella, and Antone Moniz. Petitioner Rufino Celestino Martinez is a citizen of Mexico who entered the United States at Brownsville, Texas, on August 22, 2023. Customs and Border Patrol issued Martinez a Notice to Appear and paroled him into the United States for a period expiring on August 20, 2024. On September 4, 2026, ICE encountered, arrested, and detained Petitioner. ICE proceeded to issue Petitioner a letter terminating his parole stating that he "[d]id not report to ICE offices upon release while in removal proceedings." Dkt #8-1. Thereafter, Petitioner filed a habeas petition asserting that he is wrongfully detained that he is an asylum-seeker (a member of the Triqui indigenous group), who, prior to his detention, had his Individual Hearing scheduled for October 22, 2026. Dkt # 1-11 (Petitioner is also a derivative on his wife's asylum application.).In the government's response, they assert that upon termination of parole, such alien is subject to custody under 8 U.S.C. § 1225(b) "pending the completion of removal proceedings." Resp. Opp'n at 8. "With his parole since expired, and separately terminated, Petitioner is subject to mandatory detention under 8 U.S.C. § 1225(b)(2) while he pursues relief from removal in Immigration Court." Id. at 1, citing Jennings v. Rodriguez, 583 U.S. 281, 302 (2018). The court directs Martinez, to show cause, no later than October 5, 2026, why this court has any jurisdiction to order his release from detention pending his immigration proceedings on his asylum application.(MZ) (Entered: 09/24/2026)

Sep 24, 2026

Order