District of Massachusetts • 1:25-cv-13977

#1

Dec 24, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11439278 Fee status: Filing Fee paid., filed by Maynor Santiago Esteban Lopez. (Attachments: # 1 Category Form Category Form, # 2 Civil Cover Sheet Civil Cover Sheet, # 3 Exhibit Notice to Appear, # 4 Exhibit ECAS no filings found, # 5 Exhibit EOIR no case found)(MacMurray, Kevin) (Entered: 12/24/2025)

#2

Dec 24, 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. (LBO) (Entered: 12/24/2025)

#3

Dec 24, 2025

Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Further Stay of Transfer or Removal. (JAM) (Entered: 12/24/2025)

#4

Dec 24, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Antone Moniz, Patricia Hyde, Sirce Owen, Todd Lyons, Kristi L Noem, Pamela Bondi on 12/24/2025. (JAM) (Entered: 12/24/2025)

Dec 24, 2025

Copy Mailed

Dec 24, 2025

Notice of Case Assignment

#5

Dec 30, 2025

Response - not related to a motion

#6

Dec 30, 2025

Notice of Appearance

#7

Dec 31, 2025

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 5 Response filed by Kristi Noem, Patricia Hyde, Sirce Owen, Todd Lyons, Pamela Bondi, Antone Moniz. Petitioner Maynor Santiago Esteban Lopez, a citizen of Guatemala, filed a Petition for a Writ of Habeas Corpus challenging his immigration detention and seeking immediate release or a bond hearing. Esteban Lopez has been living in the United States since 2016. He was apprehended by Immigration and Customs Enforcement (ICE) on December 23, 2025, when reporting to the ICE facility in Burlington, Massachusetts. On information and belief, he has been transferred to the Plymouth County Correctional Facility in Plymouth, Massachusetts. The government maintains its position that 8 U.S.C. § 1225(b)(2)(A) authorizes Esteban Lopez'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 Esteban Lopez 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)

Dec 31, 2025

Order

#8

Jan 06, 2026

Status Report

#9

Jan 07, 2026

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Status Report filed by Kristi Noem, Patricia Hyde, Sirce Owen, Todd Lyons, Pamela Bondi, Antone Moniz. As the Immigration Judge has ordered bond for the petitioner, the Clerk can dismiss and close this case. (MZ) (Entered: 01/07/2026)

#10

Jan 07, 2026

Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 01/07/2026)

Jan 07, 2026

Order