District of Massachusetts • 1:26-cv-14765

Flores Dulanto v. Wesling

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Case Information

Filed: October 21, 2026
Assigned to: Brian E. Murphy
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 27, 2026
Parties: View All Parties →

Docket Entries

#1
Oct 21, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12127418 Fee status: Filing Fee paid., filed by Jean Alvim Flores Dulanto. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Hargus, Daniela) Modified on 10/21/2026 to delete duplicate docket text (SP). (Entered: 10/21/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Oct 21, 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 Donald L. Cabell. (JAM) (Entered: 10/21/2026)
#3
Oct 21, 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). (MBM) (Entered: 10/21/2026)
Main Document: General Order 19-02
#4
Oct 21, 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 Friday, October 23, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Wednesday, October 28, 2026.(MBM) (Entered: 10/21/2026)
Main Document: Service Order-2241 Petition
#5
Oct 21, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Shawna Yen and mailed to all respondents on 10/21/2026. (MBM) (Entered: 10/21/2026)
Oct 21, 2026
Copy Mailed
Oct 21, 2026
Notice of Case Assignment
#6
Oct 23, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Oct 23, 2026
Response to Court Order
Main Document: Response to Court Order
#8
Oct 26, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (McMahon, Erica) (Entered: 10/26/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Oct 27, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents submit the facts of this case are similar to those at issue in Nelson v. Moniz, No. 1:26-cv-13056-BEM, Dkt. 12 (D. Mass. July 9, 2026), and “[s]hould the Court follow its reasoning in Nelson, it would reach the same result here.” Dkt. 8 at 2. In that case, the Court ordered a bond hearing when the petitioner was detained pursuant to 8 U.S.C. § 1225(b) following the expiration of parole under 8 U.S.C. § 1182(d)(5)(A). See Nelson, 1:26-cv-13056, Dkt. 12 (citing Rincon v. Hyde, 810 F. Supp. 3d 101 (D. Mass. 2025)). Therefore, Petitioner is entitled to a bond hearing here.Accordingly, the Petition is GRANTED in part. Respondents shall release Petitioner by 5:00 p.m. on Tuesday, November 3, 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 Thursday, November 5, 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 his release, or, if his request for bond was denied, the reasons for that denial. Respondents should include a copy of the IJ’s decision with the status report.Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. § 2412. (MBM) (Entered: 10/27/2026)
Oct 27, 2026
Order