District of Massachusetts • 1:25-cv-13947
Espinoza-De Chacon v. Moniz
Active
Case Information
Filed: December 23, 2025
Assigned to:
Richard Gaylore Stearns
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
January 08, 2026
Parties:
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Docket Entries
#1
Dec 23, 2025
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11437042 Fee status: Filing Fee paid., filed by Rina Eveling Espinoza-De Chacon. (Attachments: # 1 Category Form CF, # 2 Civil Cover Sheet CCS)(Herrero, Johanna) (Entered: 12/23/2025)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#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 Jessica D. Hedges. (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)
Main Document:
Order
#4
Dec 23, 2025
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Antone Moniz, Patricia Hyde, Michael Krol, Todd Lyons, Kristi L NOEM, Pamela Bondi on 12/23/2025. (JAM) (Entered: 12/23/2025)
Dec 23, 2025
Notice of Case Assignment
Dec 23, 2025
Copy Mailed
#5
Dec 30, 2025
Response - not related to a motion
Main Document:
Response - not related to a motion
#6
Dec 31, 2025
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 5 Response filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Michael Krol, Antone Moniz. Petitioner Rina Eveling Espinoza-De Chacon filed a Petition for a Writ of Habeas Corpus challenging her immigration detention and seeking immediate release or a bond hearing. Petitioner appeared for a routine ICE check-in at the Burlington, Massachusetts ICE Field Office on or about December 23, 2025, where she was taken into ICE custody without prior notice. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Espinoza-De Chacons 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, her 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 Espinoza-De Chacon 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 1/7/26). (MZ) (Entered: 12/31/2025)
#7
Dec 31, 2025
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 12/31/2025)
Main Document:
Order Dismissing Case
Dec 31, 2025
Order
#8
Jan 02, 2026
NOTICE by Pamela Bondi, Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Kristi L. Noem NOTICE OF INTENT TO TRANSFER (Yen, Shawna) (Entered: 01/02/2026)
Main Document:
Notice - Other
#9
Jan 02, 2026
NOTICE of Appearance by Shawna Yen on behalf of Pamela Bondi, Patricia Hyde, Michael Krol, Todd M Lyons, Antone Moniz, Kristi L. Noem (Yen, Shawna) (Entered: 01/02/2026)
Main Document:
Notice of Appearance
#10
Jan 02, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Notice (Other) filed by Kristi L. Noem, Todd M Lyons, Patricia Hyde, Pamela Bondi, Michael Krol, Antone Moniz. Petitioner has until noon on Monday to file any objection to the proposed transfer. If an objection is filed, petitioner should not be moved until further Order of the court. (MZ) (Entered: 01/02/2026)
#11
Jan 02, 2026
Objection - not related to a motion
Main Document:
Objection - not related to a motion
Jan 02, 2026
Order
#12
Jan 05, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Notice. Given 6 Order requiring the Government to provide petitioner with a bond hearing by January 7, 2026, and petitioner's timely-filed 11 objection to transfer, the court denies 8 request to transfer petitioner outside of the District of Massachusetts. The parties shall provide the court with a status update as to whether petitioner was granted bond no later than January 8, 2026. If bond has not been granted, the Government may renew its request for leave to transfer (provided that it agrees that this court will retain jurisdiction over the merits of the habeas case). Petitioner will have 48 hours from the filing of a renewed request to object. If an objection is filed, the Government shall not transfer petitioner without further leave of court.(RGS, law3) (Entered: 01/05/2026)
Jan 05, 2026
Order
#13
Jan 06, 2026
Status Report
Main Document:
Status Report
#14
Jan 08, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered. Counsel for petitioner has notified the court that Rina Eveling Espinoza-De Chacon has been released from custody. Accordingly, the Clerk may dismiss and close the case. (MZ) (Entered: 01/08/2026)
#15
Jan 08, 2026
Order Dismissing Case
Main Document:
Order Dismissing Case
Jan 08, 2026
Order
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