District of Massachusetts • 1:25-cv-13945

#1

Dec 23, 2025

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11436377 Fee status: Filing Fee paid., filed by Vanessa Maria Benfica. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Cerretani, Gabriela) (Entered: 12/23/2025)

#2

Dec 23, 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 Paul G. Levenson. (JKK) (Entered: 12/23/2025)

#3

Dec 23, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 12/23/2025)

#4

Dec 23, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241) and 3 Order mailed to David Wesling, Todd M Lyons, Department of Homeland Security, Kristi L. Noem and Pamela Bondi on 12/23/2025. (JAM) (Entered: 12/23/2025)

#5

Dec 23, 2025

NOTICE of Appearance by Julian N. Canzoneri on behalf of Pamela Bondi, Department of Homeland Security, Todd M Lyons, Kristi L. Noem, David Wesling (Canzoneri, Julian) (Entered: 12/23/2025)

Dec 23, 2025

Notice of Case Assignment

Dec 23, 2025

Copy Mailed

#6

Dec 29, 2025

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#7

Dec 29, 2025

Notice of Appearance

#8

Dec 30, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 6 Response to Petition for Writ of Habeas Corpus - 2241 filed by Kristi L. Noem, David Wesling, Department of Homeland Security, Todd M Lyons, Pamela Bondi.Petitioner Vanessa Maria Benfica filed a Petition for a Writ of Habeas Corpus challenging her immigration detention and seeking immediate release or a bond hearing. Upon information provided by ICE, she was taken into custody during a routine check-in at the Boston ICE Field Office. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Vanessa Maria Benfica'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 Vanessa Maria Benfica 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

#9

Jan 07, 2026

Status Report

#10

Jan 08, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Status Report filed by Kristi L. Noem, David Wesling, Department of Homeland Security, Todd M Lyons, Pamela Bondi. U.S. Immigration and Customs Enforcement reports that the Immigration Judge granted bond to Petitioner Vanessa Maria Benfica on January 5, 2026, and that she was released from detention on January 6, 2026. Accordingly, the Clerk may dismiss and close this case.(MZ) (Entered: 01/08/2026)

#11

Jan 08, 2026

Order Dismissing Case

Jan 08, 2026

Order