District of Massachusetts • 1:26-cv-11098

#1

Mar 03, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11585848 Fee status: Filing Fee paid., filed by Fabian Vega Benites. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Miller, Jacob. (Entered: 03/03/2026)

#2

Mar 03, 2026

Judge Brian E. Murphy: ORDER entered EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (JPM) (Entered: 03/03/2026)

#3

Mar 04, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge F. Dennis Saylor, IV 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. (CM) (Entered: 03/04/2026)

#4

Mar 04, 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). (MAC) (Entered: 03/04/2026)

#5

Mar 04, 2026

District Judge F. Dennis Saylor, IV: ORDER CONCERNING STAY OF TRANSFER OR REMOVAL entered. (MAC) (Entered: 03/04/2026)

Mar 04, 2026

Notice of Case Assignment

#6

Mar 05, 2026

Notice of Appearance

#7

Mar 10, 2026

Answer/Response to Petition for Writ of Habeas Corpus - 2241

#8

Jun 15, 2026

Status Report

#9

Jun 15, 2026

Notice - Other

#10

Jun 17, 2026

District Judge F. Dennis Saylor, IV ELECTRONIC ORDER entered:On March 3, 2026, petitioner filed a petition for a writ of habeas corpus, contending that his detention violated his due-process rights under the Fifth Amendment. On March 4, 2026, the Court ordered that he not be transferred outside this district unless the government provided at least 72 hours’ advance notice. (Dkt. No. 5 at 2). On March 10, 2026, the government responded to the petition, contending that petitioner was subject to a final order of removal and that his detention was authorized by 8 U.S.C. § 1231(a)(6). (Dkt. No. 7 ). The government also provided notice of its intent to transfer petitioner in order to effectuate his removal to Mexico. (Id.). Petitioner did not file any reply to the government’s contentions.On June 15, 2026, the government reported that petitioner was removed from the United States on March 17, 2026, and asked the Court to dismiss the petition. (Dkt. No. 8 ). Petitioner filed a response the same day largely critiquing the fact that petitioner was removed before he had the opportunity to avail himself of avenues to “challenge his decades-old in absentia removal order.” (Dkt. No. 9 at 1). His response, however, did not address how his detention and removal violated his Fifth Amendment due-process rights.This court cannot entertain any challenge to the removal order itself; such review can be had only within the immigration-court system or through a timely petition for review in the court of appeals. See 8 U.S.C. §§ 1252(b)(2), 1252(g). And petitioner does not explain how his detention under § 1231(a)(6) pursuant to a valid final order of removal offended due process, nor what remedy this court could issue now that he has been removed from the United States.As a result, the Court will grant the government’s request, and the petition for a writ of habeas corpus is hereby DISMISSED.(MAC) (Entered: 06/17/2026)

#11

Jun 17, 2026

Order Dismissing Case

Jun 17, 2026

Order