District of Massachusetts • 1:25-cv-13988

#1

Dec 26, 2025

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11441200 Fee status: Filing Fee paid., filed by Wilbert Mauricio Irizarry Pea. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Exhibit Exhibit 7, # 10 Exhibit Exhibit 8, # 11 Exhibit Exhibit 9, # 12 Exhibit Exhibit 10, # 13 Exhibit Exhibit 11)(Hargus, Daniela) (Entered: 12/26/2025)

#2

Dec 26, 2025

District Judge Angel Kelley: EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (NMC) (Entered: 12/26/2025)

#3

Dec 26, 2025

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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: 12/26/2025)

Dec 26, 2025

Notice of Case Assignment

#4

Dec 27, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. On December 26, 2025, Petitioner filed a habeas petition seeking various relief including his immediate release from custody. He alleges that he is a United States Citizen by birth by operation of a federal statute conferring citizenship on the child of a United States Citizen, wherever the child is born, provided the United States Citizen parent has lived for sufficient period(s) of time within the United States. He also alleges that though arrested on November 5, 2025, and in the continuous custody of Respondents, his next date in immigration court is not until 2029. In light of the serious allegation, well-supported by documents attached to the Petition, that Petitioner is a United States Citizen unlawfully held in civil detention by immigration authorities, the Respondents shall file their response to this petition no later than Monday December 29, 2025, at 4:00 P.M. If Respondents believe there is a serious question regarding Petitioner's status as a United States Citizen or for any other sufficient reason identified in a filing they may request more time to gather information or brief any legal issues, though on the present record, the Court would consider ordering the release of Petitioner on conditions established by this Court pending that further adjudication of the Petition. (BAH) (Entered: 12/27/2025)

Dec 27, 2025

Order

#5

Dec 29, 2025

NOTICE of Appearance by Nicole M. O'Connor on behalf of Todd M Lyons, Antone Moniz, Kristi L. Noem, David T Wesling (O'Connor, Nicole) (Entered: 12/29/2025)

#6

Dec 29, 2025

General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (FGD) (Entered: 12/29/2025)

#7

Dec 29, 2025

Copy re 1 Petition for Writ of Habeas Corpus (2241), 2 Service Order - 2241 Petition, 4 Order, mailed to Respondents and USAO on 12/29/25. (FGD) (Entered: 12/29/2025)

#8

Dec 29, 2025

RESPONSE TO COURT ORDER by Todd M Lyons, Antone Moniz, Kristi L. Noem, David T Wesling re 4 Order,,,,, . (Attachments: # 1 Exhibit Notice of Intent to Deny)(O'Connor, Nicole) (Entered: 12/29/2025)

#9

Dec 29, 2025

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Section 301(g) of the INA, 8 U.S.C. 1401(g), confers United States citizenship on a person born outside the United States if (1) one of the child’s parents was a United States citizen at the time of the child’s birth; and (2) that parent, “prior to the birth of” the child, “was physically present in the United States... for a period or periods totalling not less than five years, at least two of which were after” the parent “attain[ed] the age of fourteen years” The record in this case to date establishes that ICE arrested Petitioner on November 5, 2025, and has detained him since that time. On December 26, 2025, Petitioner filed a habeas petition supported by exhibits asserting he is a United States Citizen under the INA section described above. In light of the serious issue presented by the prolonged detention of a person who has made a substantial showing of citizenship, the Court ordered a response to the petition by December 29th at 4 PM. Doc. No. 4. Before that deadline, the government made a submission stating it opposed the petition, requested additional time to collect underlying documents and prepare a complete response, and had been informed that ICE objected to Petitioner’s release. The Court has reviewed the record before it at this time and GRANTS the government’s request for more time to prepare a response. It is due on January 8, 2026, as requested. Pending the final adjudication of the habeas petition, the Court ORDERS respondents to release Petitioner under the supervision of the United States Probation Office. Respondents do not dispute that Petitioner’s father is a United States Citizen and was so at the time of Petitioner’s birth. They dispute only whether he satisfies the physical presence requirement set forth in INA section 301(g), citing a 2014 decision from ICE rejecting a prior claim of citizenship made by Petitioner on the grounds that the documents then produced by Petitioner failed to establish his father’s physical presence in the United States for the requisite time before Petitioner’s birth. The Petition, however, attaches an under-oath affidavit from Petitioner’s United-States-citizen father stating expressly that he resided in the United States from 1953 until Petitioner’s birth in 1994 (and after), excepting only short trips to the Dominican Republic. Doc. No. 1-7. Petitioner further supports the claim with a copy of father’s passport confirming his trips and social security or pension documents showing 52 weeks of creditable work service in the United States every year from 1988 to 2004. Doc. No. 1-11; Doc. No. 1-12. None of these documents were before ICE in 2014 when the decision upon which the government now relies was rendered. Based on the foregoing, Petitioner has made a substantial showing of constitutional error and a clear case on the law and the facts supporting his claim to relief. Thus, the Court exercises its inherent power to release him pending the adjudication of his petition. See Woodcock v. Donnelly, 470 F.2d 93, 94 (1st Cir. 1972) (per curiam); Glynn v. Donnelly, 470 F.2d 95, 98 (1st Cir. 1972). Sections 1225 and 1226 of Title 8 cited by the government provide no basis for detaining a United States citizen.The Court imposes the following conditions: (1) Petitioner shall report to US Probation his residence and contact information no later than 6 PM on Wednesday, December 31; (2) Petitioner shall not move without prior permission of US Probation; (3) Petitioner shall not leave Massachusetts without prior permission of the Court; and (4) Petitioner shall report to US Probation once per week either in person or by phone at the discretion of US Probation. The government may request additional conditions without waiving their objection to the release of Petitioner. (FGD) (Entered: 12/29/2025)

Dec 29, 2025

Order

Dec 29, 2025

Copy Mailed

#10

Jan 08, 2026

Extension of Time to File Answer

Jan 08, 2026

Order on Motion for Extension of Time to Answer