District of Massachusetts • 1:26-cv-14408

Rodrigues De Jezus v. Wesling

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Case Information

Filed: September 25, 2026
Assigned to: Angel Kelley
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 01, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 25, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12065405 Fee status: Filing Fee paid., filed by Naiane Rodrigues De Jezus. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Exh 1 - Form I220A, Order of Release on Recognizance)(Cerretani, Gabriela) (Entered: 09/25/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Sep 25, 2026
District Judge Angel Kelley: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (PK) (Entered: 09/25/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Sep 28, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 M. Page Kelley. (SP) (Entered: 09/28/2026)
#4
Sep 28, 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). (CEH) (Entered: 09/28/2026)
Main Document: General Order 19-02
#5
Sep 28, 2026
District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 09/28/2026)
Main Document: Order
#6
Sep 28, 2026
District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 09/28/2026)
Main Document: Service Order-2241 Petition
#7
Sep 28, 2026
Copy re 6 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Annapurna Balakrishna,Rayford Farquhar, and USAMA Civil Process on 9/28/2026 at 9:15 am and mailed to all respondents (CEH) (Entered: 09/28/2026)
Sep 28, 2026
Copy Mailed
Sep 28, 2026
Notice of Case Assignment
#8
Oct 01, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (Engingro, Vincent) (Entered: 10/01/2026)
Main Document: Notice of Appearance
#9
Oct 01, 2026
MOTION to Stay re 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling.(Engingro, Vincent) (Entered: 10/01/2026)
Main Document: Stay
#10
Oct 01, 2026
District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Naiane Rodrigues De Jezus’s Petition for Writ of Habeas Corpus. [Dkt. 1]. On October 1, 2026, Respondents filed a response acknowledging that Petitioner is eligible for a bond hearing conducted pursuant to 8 U.S.C. § 1226(a) under the binding decision in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042 (1st Cir. Aug. 13, 2026). [Dkt. 9]. In Guerrero Orellana v. Moniz, the First Circuit held that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Guerrero Orellana. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. She has not received such a hearing, so her detention is unlawful. As to remedy, Respondents ask the Court to stay this case until Petitioner requests a bond hearing before the Executive Office for Immigration Review. [Dkt. 9]. The Court declines to do so. Respondents concede that Petitioner is entitled to a bond hearing, and requiring her to first initiate a separate request would only prolong detention that the Court has found unlawful.Accordingly, the Petition [Dkt. 1] is GRANTED, and Respondents’ Motion to Stay [Dkt. 9] is DENIED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within ten (10) calendar days of this Order subject to any requests for continuance by Petitioner. Respondents are ENJOINED from denying Petitioner bond on the ground that she is detained under 8 U.S.C. § 1225(b)(2)(A). Within fourteen (14) calendar days of this Order, Respondents shall file a status report stating whether Petitioner has been granted bond and, if bond was denied, the reasons for that denial.(CEH) (Entered: 10/01/2026)
Oct 01, 2026
Order