District of Massachusetts • 1:26-cv-14202
Sosa v. U.S. Immigration and Custom Field Office
Active
Case Information
Filed: September 28, 2026
Assigned to:
Brian E. Murphy
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
October 09, 2026
Parties:
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Docket Entries
#1
Sep 28, 2026
PETITION for Writ of Habeas Corpus (2241), filed by Jose Sosa. (Attachments: # 1 Envelope)(NVB) (Entered: 09/28/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Sep 28, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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. (SP) (Entered: 09/28/2026)
#3
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). (MBM) (Entered: 09/28/2026)
Main Document:
General Order 19-02
#4
Sep 28, 2026
Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVALRespondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Wednesday, September 30, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Monday, October 5, 2026.(MBM) (Entered: 09/28/2026)
Main Document:
Service Order-2241 Petition
#5
Sep 28, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241) emailed to Duty AUSA Annapurna Balakrishna and mailed to all respondents on 9/28/2026. (MBM) (Entered: 09/28/2026)
Sep 28, 2026
Notice of Case Assignment
Sep 28, 2026
Copy Mailed
#6
Sep 30, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Pamela Bondi, Todd Lyons, U.S. Immigration and Custom Field Office (Engingro, Vincent) (Entered: 09/30/2026)
Main Document:
Notice of Appearance
#7
Sep 30, 2026
Filing fee/payment: $ 5.00, receipt number 100016765 for 1 Petition for Writ of Habeas Corpus (2241) (NVB) (Entered: 09/30/2026)
#8
Sep 30, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Pamela Bondi, Todd Lyons, U.S. Immigration and Custom Field Office. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Engingro, Vincent) (Entered: 09/30/2026)
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Sep 30, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Tschimayi v. Moniz, Civil Action No. 26-cv-13908 (D. Mass. Aug. 26, 2026).” Dkt. 8 at 1. In that case, the Court ordered a bond hearing under 8 U.S.C. § 1226(a), because “[n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to § 1225(b)(2)(A)’s mandatory detention provision, but rather, are governed by § 1226." Tschimayi v. Moniz, No. 26-cv-13908, Dkt. 8 (citing Guerrero Orellana v. Moniz, 2026 WL 2352042, at *11 (1st Cir. Aug. 13, 2026)). Therefore, Petitioner is entitled to a bond hearing here. See Guerrero Orellana, 2026 WL 2352042 at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). The Court further held in Tschimayi that petitioners are not required to exhaust their administrative remedies. Tschimayi, No. 26-cv-13908, Dkt. 8 (citing Waters Rossin v. Moniz, 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026)); see also Cargin v. Mullin, 26-cv-14222, Dkt. 8 (D. Mass. Sept. 18, 2026). Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Wednesday, October 7, 2026, unless, before that time, Petitioner is provided a bond hearing which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the presiding immigration judge (“IJ”) considers alternatives to detention. Respondents are thereby ORDERED to file a status report by 5:00 p.m. on Friday, October 9, 2026, detailing their compliance with this order. If a bond hearing was held, the status report shall state whether Petitioner has been granted bond, the date, time, and location of his release, or, if his request for bond was denied, the reasons for that denial. Respondents should include a copy of the IJ’s decision with the status report.(MBM) (Entered: 09/30/2026)
#10
Sep 30, 2026
Copy re 9 Order mailed to Jose Sosa on 9/30/2026. (MBM) (Entered: 09/30/2026)
Sep 30, 2026
Filing Fee/Payment Received
Sep 30, 2026
Order
Sep 30, 2026
Copy Mailed
#11
Oct 09, 2026
Status Report
Main Document:
Status Report
#12
Oct 09, 2026
Judgment
Main Document:
Judgment
Parties
Sosa
Party
U.S. Immigration and Custom Field Office
Party