District of Massachusetts • 1:26-cv-14473

#1

Oct 01, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12078741 Fee status: Filing Fee paid., filed by Gerson Luberisse. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit A - Form I-94, # 4 Exhibit B - NTA)(Bade, Jennifer) Modified on 10/1/2026 (MAP). (Entered: 10/01/2026)

#2

Oct 01, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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. (MAC) (Entered: 10/01/2026)

#3

Oct 01, 2026

District Judge Patti B. Saris: 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 October 6, 2026. (LP) (Entered: 10/01/2026)

#4

Oct 01, 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). (LP) (Entered: 10/01/2026)

#5

Oct 01, 2026

Copy re 3 2241 Service Order, 1 Petition for Writ of Habeas Corpus (2241), mailed to Respondents and Courtesy Copy emailed to Duty AUSA on 10/1/2026. (CGK) (Entered: 10/01/2026)

Oct 01, 2026

Copy Mailed

Oct 01, 2026

Notice of Case Assignment

#6

Oct 02, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Michael Krol, Daren Margolin, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 10/02/2026)

#7

Oct 06, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Michael Krol, Daren Margolin, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 10/06/2026)

#8

Oct 06, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Gerson Luberisse. Petitioner Gerson Luberisse ("Petitioner") has filed a habeas petition under 28 U.S.C. § 2241 to challenge his immigration detention without a bond hearing. The government concedes that based on this Court's recent decision in Mesidor v. Moniz, No. 26-cv-12915-PBS, 2026 WL 2333634 (D. Mass. Aug. 12, 2026), the Court will find that due process requires that Petitioner receive a bond hearing. See Dkt. 7 at 2; see also Mesidor, 2026 WL 2333634, at *2 (holding that due process required a bond hearing for a noncitizen who "lived freely in the country after his [humanitarian] parole expired") Given this concession and for the reasons stated in Mesidor, the Court concludes that Petitioner is entitled to a bond hearing in immigration court. Accordingly, the Court ALLOWS the habeas petition (Dkt. 1 ) and ORDERS that the government release Petitioner unless he is provided with a bond hearing that complies with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021), within seven business days of the date of this order. No later than fourteen days from the date of this order, the government shall file a status report confirming that Petitioner has received a bond hearing (or has been released in lieu of a bond hearing) and stating the outcome of the bond hearing.(BEL) (Entered: 10/06/2026)

#9

Oct 06, 2026

SET DEADLINES as to: STATUS REPORT due by 10/20/2026. (BEL) (Entered: 10/06/2026)

Oct 06, 2026

Order