District of Massachusetts • 1:26-cv-14492

#1

Oct 02, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12082589 Fee status: Filing Fee paid., filed by Isabel Ramirez Cardenas. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form) (Cerretani, Gabriela) Modified on 10/2/2026: to edit docket text (EZG). (Entered: 10/02/2026)

#2

Oct 02, 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 Jennifer C. Boal. (NMC) (Entered: 10/02/2026)

#3

Oct 02, 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). (EZG) (Entered: 10/02/2026)

#4

Oct 02, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents 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 Monday, October 5, 2026. Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, October 8, 2026. (EZG) (Entered: 10/02/2026)

#5

Oct 02, 2026

Copy re: 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition, emailed to AUSA and staff and mailed to All Respondents on 10/2/2026. (EZG) (Entered: 10/02/2026)

Oct 02, 2026

Notice of Case Assignment

Oct 02, 2026

Copy Mailed

#6

Oct 05, 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: 10/05/2026)

#7

Oct 05, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Engingro, Vincent) (Entered: 10/05/2026)

#8

Oct 05, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents “maintain that Petitioner’s Detention is Authorized by 8 U.S.C. § 1225(b)(2)” but acknowledge that “[s]hould the Court follow its reasoning in Tschimayi, it would reach the same conclusion that Petitioner is detained under 8 U.S.C. § 1226, rather than 8 U.S.C. § 1225(b)(2).” Dkt. 7 at 1–2. Respondents fail to acknowledge, however, that Tschimayi was based on a binding First Circuit opinion that squarely addressed the difference between detention under section 1226 and 1225(b)(2). See Guerrero Orellana v. Moniz, 188 F4th 1 (1st Cir. 2026). Respondents argue in the alternative that Petitioner’s detention is mandatory pursuant to 8 U.S.C. § 1226(c) because Petitioner has been arrested and charged with theft on two occasions. Dkt. 7 at 3. However, “[t]he Court finds that Petitioner is constitutionally entitled to a bond hearing because [s]he has been charged only, not convicted, of an applicable offense.” Almeida v. Moniz, 2026 WL 1602119, at *1 (D. Mass. June 4, 2026); see also Doe v. Moniz, 800 F. Supp. 3d 203, 216 (D. Mass. 2025), appeal dismissed, 2025 WL 4722778 (1st Cir. Nov. 25, 2025); Alcantara Guerrero v. Wesling, 832 F. Supp. 3d 104, 110–12 (D. Mass. 2026). Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Monday, October 12, 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 Wednesday, October 14, 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 her release, or, if her 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: 10/05/2026)

Oct 05, 2026

Order