District of Massachusetts • 1:26-cv-14802

#1

Oct 23, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12133972 Fee status: Filing Fee paid., filed by Edgardo Adali Rubi Zuniga. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form Sheet)(Lagana, Stephen) (Entered: 10/23/2026)

#2

Oct 23, 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 Paul G. Levenson. (CAM) (Entered: 10/23/2026)

#3

Oct 23, 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). (EZG) (Entered: 10/23/2026)

#4

Oct 23, 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 Tuesday, October 27, 2026. Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Friday, October 30, 2026. (EZG) (Entered: 10/23/2026)

#5

Oct 23, 2026

Copy re: 4 Service Order - 2241 Petition; 1 Petition emailed to Duty AUSA and mailed to all respondents on 10/23/2026. (EZG) (Entered: 10/23/2026)

Oct 23, 2026

Copy Mailed

Oct 23, 2026

Notice of Case Assignment

#6

Oct 27, 2026

NOTICE of Appearance by Erica McMahon on behalf of Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (McMahon, Erica) (Entered: 10/27/2026)

#7

Oct 27, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McMahon, Erica) (Entered: 10/27/2026)

#8

Oct 27, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Tschimayi v. Moniz, Civil Action No. 26-cv-13908 (D. Mass. Aug. 26, 2026). Dkt. 7 at 1-2. In that case, the Court ordered a bond hearing under 8 U.S.C. § 1226(a), because “[n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to § 1225(b)(2)(A)’s mandatory detention provision, but rather, are governed by § 1226." Tschimayi v. Moniz, No. 26-cv-13908, Dkt. 8 (citing Guerrero Orellana v. Moniz, 2026 WL 2352042, at *11 (1st Cir. Aug. 13, 2026)). Therefore, Petitioner is entitled to a bond hearing here. See Guerrero Orellana, 2026 WL 2352042 at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). The Court further held in Tschimayi that petitioners are not required to exhaust their administrative remedies. Tschimayi, No. 26-cv-13908, Dkt. 8 (citing Waters Rossin v. Moniz, 26-cv-13436, Dkt. 12 (D. Mass. Aug. 4, 2026)); see also Cargin v. Mullin, 26-cv-14222, Dkt. 8 (D. Mass. Sep. 18, 2026).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. (MBM) (Entered: 10/27/2026)

Oct 27, 2026

Order