District of Massachusetts • 1:25-cv-13884

#1

Dec 18, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11427705 Fee status: Filing Fee paid., filed by Carlos Alfredo Guerrero-Arce. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Siddall, Megan) (Entered: 12/18/2025)

#2

Dec 18, 2025

NOTICE of Appearance by Megan A. Siddall on behalf of Carlos Alfredo Guerrero-Arce (Siddall, Megan) (Entered: 12/18/2025)

#3

Dec 18, 2025

MOTION for Leave to Appear Pro Hac Vice for admission of Matthew Gonnella Filing fee: $ 125, receipt number AMADC-11427770 by Carlos Alfredo Guerrero-Arce. (Attachments: # 1 Certificate of Matthew Gonnella)(Siddall, Megan) (Entered: 12/18/2025)

#4

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. (JAM) (Entered: 12/18/2025)

#5

Dec 18, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Matthew Gonnella. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 12/18/2025)

#6

Dec 18, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 12/18/2025)

#7

Dec 18, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 6 Order mailed to Antone Moniz, Patricia Hyde, Todd Lyons, Kristi L NOEM on 12/18/2025. (JAM) (Entered: 12/18/2025)

Dec 18, 2025

Copy Mailed

Dec 18, 2025

Order on Motion for Leave to Appear

Dec 18, 2025

Notice of Case Assignment

#8

Dec 19, 2025

Notice of Appearance

#9

Dec 29, 2025

Response - not related to a motion

#10

Dec 30, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response filed by Kristi Noem, Antone Moniz, Patricia Hyde, Todd Lyons. Petitioner Carlos Alfredo Guerrero-Arce filed a Petition for a Writ of Habeas Corpus challenging his immigration detention and seeking immediate release or a bond hearing. 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 Guerrero-Arce'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 Carlos Alfredo Guerrero-Arce 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

#11

Jan 06, 2026

Status Report

#12

Jan 07, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Status Report filed by Kristi Noem, Antone Moniz, Patricia Hyde, Todd Lyons. As the Immigration Judge has ordered bond for the petitioner, the Clerk can dismiss and close this case. (MZ) (Entered: 01/07/2026)

#13

Jan 07, 2026

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 01/07/2026)

Jan 07, 2026

Order