District of Massachusetts • 1:26-cv-10148

#1

Jan 14, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11475018 Fee status: Filing Fee paid., filed by Rukhsar Wafa. (Attachments: # 1 Exhibit)(Nam-Krane, Michael) (Main Document 1 replaced on 1/14/2026) (SR). (Additional attachment(s) added on 1/14/2026: # 2 Civil Cover Sheet, # 3 Category Form) (SR). Modified on 1/14/2026 to edit docket text (SR). (Entered: 01/14/2026)

#2

Jan 14, 2026

MOTION for Leave to Appear Pro Hac Vice for admission of Glenn L. Formica Filing fee: $ 125, receipt number AMADC-11475046 by Rukhsar Wafa.(Nam-Krane, Michael) (Entered: 01/14/2026)

#3

Jan 14, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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 M. Page Kelley. (LBO) (Entered: 01/14/2026)

#4

Jan 14, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 01/14/2026)

#5

Jan 14, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition Emailed to AUSA Steven Sharobem, Rayford Farquhar, and USAMA Civil Process on 1/14/2026 at 4:35 PM and mailed to all Respondents. (CEH) (Entered: 01/14/2026)

#6

Jan 14, 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). (CEH) (Entered: 01/14/2026)

#7

Jan 14, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 01/14/2026)

#8

Jan 14, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 2 Motion for Leave to Appear Pro Hac Vice Added Glenn L. Formica. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (CEH) (Entered: 01/14/2026)

Jan 14, 2026

Order on Motion for Leave to Appear

Jan 14, 2026

Copy Mailed

Jan 14, 2026

Notice of Case Assignment

#9

Jan 19, 2026

NOTICE of Appearance by Glenn L. Formica on behalf of Rukhsar Wafa (Formica, Glenn) (Entered: 01/19/2026)

#10

Jan 19, 2026

NOTICE by Rukhsar Wafa OF CERTAIN FACTS (Attachments: # 1 Exhibit A)(Formica, Glenn) (Entered: 01/19/2026)

#11

Jan 20, 2026

NOTICE of Appearance by Nicole M. O'Connor on behalf of Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi Noem (O'Connor, Nicole) (Entered: 01/20/2026)

#12

Jan 20, 2026

Response by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi Noem to 1 Petition for Writ of Habeas Corpus (2241), . (O'Connor, Nicole) (Entered: 01/20/2026)

#13

Jan 20, 2026

DECLARATION re 12 Response by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi Noem. (O'Connor, Nicole) (Entered: 01/20/2026)

#14

Jan 22, 2026

MOTION re 13 Declaration AND OPPOSITION TO HABEAS CORPUS. PETITIONER'S MOTION FOR PERMISSION TO FILE A REPLY by Rukhsar Wafa.(Formica, Glenn) (Entered: 01/22/2026)

#15

Jan 23, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING Petitioner’s 14 MOTION re Declaration AND OPPOSITION TO HABEAS CORPUS. PETITIONER'S MOTION FOR PERMISSION TO FILE A REPLY.Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order) - in the caption of the document. (CEH) (Entered: 01/23/2026)

Jan 23, 2026

Order on Motion for Miscellaneous Relief

#16

Jan 26, 2026

MEMORANDUM in Opposition re 14 MOTION re 13 Declaration AND OPPOSITION TO HABEAS CORPUS. PETITIONER'S MOTION FOR PERMISSION TO FILE A REPLY GRANTED BY COURT ORDER DATED JANUARY 23, 2026 filed by Rukhsar Wafa. (Formica, Glenn) (Entered: 01/26/2026)

#17

Feb 13, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered re Petitioner’s 16 MEMORANDUM in Opposition re MOTION re Declaration and Opposition to Habeas Corpus. The Court will permit Petitioner to conduct limited discovery solely on the disputed fact of Ms. Wafa’s precise location at the time the Petition was filed. The Parties may confer and agree upon a schedule and manner for completing discovery. If the Parties cannot reach an agreement, the Court will set the following schedule: Petitioner has 45 days to complete the limited discovery. Petitioner may serve up to five (5) interrogatories and five (5) requests for production on Respondents, due within seven (7) calendar days of this Order. Respondents’ responses are due within thirty (30) calendar days of receipt of the requests.(CEH) (Entered: 02/13/2026)

Feb 13, 2026

Order

#18

Mar 17, 2026

Supplemental Response by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi Noem to Habeas Petition. (Attachments: # 1 Exhibit Notice to Appear)(O'Connor, Nicole) (Entered: 03/17/2026)

#19

Mar 26, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Rukhsar Wafa’s Petition for Writ of Habeas Corpus. [Dkt. 1]. The Parties initially disputed whether the action was properly filed in this Court, as Petitioner allegedly had been transferred to another jurisdiction prior to the filing of the Petition. [See Dkts. 12, 16]. After the Court directed limited discovery on this issue [Dkt. 17], Respondents now submit that Petitioner was still in transit at the relevant time and, on that basis, concede that the Court has jurisdiction over the action. [Dkt. 18]. On the merits, the facts presented in the instant Petition appear materially indistinguishable from Gomes Cardoso v. Hyde, No. 25-CV-13935-AK, 2026 WL 468200 (D. Mass. Feb. 19, 2026), in which the Court held that full due process protections apply to non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(5), and that the Due Process Clause is violated when non-citizens who have been paroled into the United States under 8 U.S.C. § 1182(d)(5) are subject to mandatory detention without notice or opportunity to be heard. On the facts before it, the Court does not find reason to deviate from the analysis presented in Gomes Cardoso.Accordingly, Petitioner’s Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order. Respondents are ENJOINED from denying Petitioner bond on the basis that they are detained pursuant to 8 U.S.C. § 1225(b)(1). The Parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if the request for bond was denied, the reasons for that denial.(CEH) (Entered: 03/26/2026)

Mar 26, 2026

Order

#20

Apr 08, 2026

MOTION for Order to Release of Petitioner for Respondent's Failure to Comply with Order by Rukhsar Wafa.(Formica, Glenn) (Entered: 04/08/2026)

#21

Apr 08, 2026

MEMORANDUM in Support re 20 MOTION for Order to Release of Petitioner for Respondent's Failure to Comply with Order filed by Rukhsar Wafa. (Formica, Glenn) (Entered: 04/08/2026)

#22

Apr 14, 2026

STATUS REPORT RE BOND OUTCOME by Rukhsar Wafa. (Formica, Glenn) (Entered: 04/14/2026)

#23

Apr 17, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner’s Emergency Motion for Order of Release. Dkt. 20 . On March 26, 2026, the Court ordered Respondents to provide Petitioner with a bond hearing by April 5, 2026. Dkt. 19 . Petitioner asserts that Respondents did not schedule a bond hearing until April 9, 2026, or four days late, and requests immediate release. Dkt. 20 . On April 14, 2026, Petitioner provided an update that Petitioner had a bond hearing and was denied bond after the Immigration Judge found that she was a danger to the community. Dkt. 22 . As the delay was limited to four days, and because Petitioner has indicated she has now received a bond hearing, the Court DENIES Petitioner’s [Dkt. 20] Motion for Release at this time. Moreover, given that Petitioner has now received a bond hearing under 8 U.S.C. § 1226(a), the Court will terminate the suit absent objection within the next seven (7) calendar days.(SP) (Entered: 04/17/2026)

Apr 17, 2026

Order on Motion for Order

#24

Apr 23, 2026

STATUS REPORT REGARDING IMPORTANT CASE STATUS UPDATE by Rukhsar Wafa. (Formica, Glenn) (Entered: 04/23/2026)

#25

Apr 24, 2026

RESPONSE TO COURT ORDER by Rukhsar Wafa re 23 Order on Motion for Order,,,, . (Formica, Glenn) (Entered: 04/24/2026)

#26

Apr 24, 2026

Assented to MOTION to Seal Motion for Immediate Release and Exhibits by Rukhsar Wafa. (Attachments: # 1 Supplement Memorandum of Law)(Formica, Glenn) (Entered: 04/24/2026)

#27

Apr 27, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 26 Assented to MOTION to Seal Motion for Immediate Release and Exhibits Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CEH) (Entered: 04/27/2026)

Apr 27, 2026

Order on Motion to Seal

#28

Apr 30, 2026

STATUS REPORT RE E-MAIL TO FILE SEALED DOCUMENT by Rukhsar Wafa. (Formica, Glenn) (Entered: 04/30/2026)

#30

May 01, 2026

NOTICE by Rukhsar Wafa re 27 Order on Motion to Seal,, (Formica, Glenn) (Entered: 05/01/2026)

#31

May 06, 2026

Opposition to Petitioner's MOTION for Immediate Release filed by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi L. Noem. (O'Connor, Nicole) Modified on 5/12/2026 to modify docket text (CEH). (Entered: 05/06/2026)

#32

May 06, 2026

NOTICE OF MANUAL FILING by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi L. Noem Flashdrive- Exhibit 1 re 31 Opposition to Motion (CEH) (Entered: 05/06/2026)

May 06, 2026

Notice of Manual Filing

#33

Jun 17, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Rukhsar Wafa’s Motion for Immediate Release. [Dkt. 29]. Petitioner objects to her denial of bond, asserting, inter alia, that the Immigration Judge failed to consider alternatives to detention in concluding that she posed a danger to the community. In Costa v. McDonald, No. 25-CV-13469, 2026 WL 371198 (D. Mass. Feb. 10, 2026), this Court held that for a bond hearing under 8 U.S.C. § 1226(a), due process requires the government to prove, by clear and convincing evidence, that alternatives to detention would be inadequate to address any concerns of danger to the community posed by the petitioner. Respondents do not address this argument in their Opposition. [Dkt. 31]. Accordingly, Respondents are DIRECTED to submit supplemental briefing limited to addressing the applicability of Costa to Petitioner's Motion, no later than five (5) business days from the date of this Order. Petitioner shall have five (5) business days to respond.(CEH) (Entered: 06/17/2026)

Jun 17, 2026

Order

#34

Jun 25, 2026

RESPONSE TO COURT ORDER by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi L. Noem re 33 Order,,,, . (O'Connor, Nicole) (Entered: 06/25/2026)

#35

Jun 25, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Rukhsar Wafa’s Motion for Immediate Release, in which she challenges her denial of bond because, inter alia, the Immigration Judge failed to consider alternatives to detention. [Dkt. 29]. The Court directed Respondents to submit limited supplemental briefing regarding the applicability of Costa v. McDonald, No. 25-CV-13469, 2026 WL 371198 (D. Mass. Feb. 10, 2026), to this case. [Dkt. 33]. In Costa, this Court held that for a bond hearing under 8 U.S.C. § 1226(a), due process requires the government to prove, by clear and convincing evidence, that alternatives to detention would be inadequate to address any concerns of danger to the community posed by the petitioner.Respondents filed a Response on June 25, 2026. [Dkt. 34]. In their Response, Respondents submit that the Immigration Judge in this case “did not consider alternatives to detention” and that “the appropriate remedy at this juncture is for the Court to order another bond hearing in which alternatives to detention are considered.” [Id. ¶¶ 2-3]. Accordingly, Petitioner’s Motion [Dkt. 29] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within 10 calendar days of this Order, during which Respondents must show, by clear and convincing evidence, that alternatives to detention to address any concerns of danger to the community would be inadequate. The parties are ORDERED to file a status report within 14 calendar days of this Order stating whether Petitioner has been granted bond, and, if her request for bond was denied, the reasons for that denial.(JAM) (Entered: 06/26/2026)

Jun 26, 2026

Order

#36

Jul 06, 2026

STATUS REPORT and request for dismissal by Pamela Bondi, Patricia Hyde, Antone Moniz, Kristi L. Noem. (Attachments: # 1 Exhibit Order of IJ)(O'Connor, Nicole) (Entered: 07/06/2026)

#37

Jul 06, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On June 25, 2026, the Court ordered Respondents to provide Petitioner with a bond hearing pursuant to 8 U.S.C. § 1226(a). [Dkt. 35]. On July 6, 2026, Respondents provided a Status Report indicating that Petitioner was granted asylum and has been released from custody, rendering the need for an additional bond hearing moot. [Dkt. 36]. As a result, absent objection within the next seven (7) calendar days, the Court will terminate the suit.(CEH) (Entered: 07/06/2026)

Jul 06, 2026

Order

#38

Jul 14, 2026

Order Dismissing Case