District of Massachusetts • 1:26-cv-12915

#1

Jun 26, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11846153 Fee status: Filing Fee paid., filed by Dieumaitre Mesidor. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Exhibit I-94, # 4 Exhibit Notice to Appear Dated 2023, # 5 Exhibit I-589 Receipt Notice, # 6 Exhibit Work Permit, # 7 Exhibit MA Driver's License, # 8 Exhibit I-200 Warrant, # 9 Exhibit Notice to Appear Dated 2026)(Hamilton, Philip) Modified on 6/26/2026: Removed duplicate text (MAC) (Entered: 06/26/2026)

#2

Jun 26, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Patti B. Saris 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 Jessica D. Hedges. (EZG) (Entered: 06/26/2026)

#3

Jun 26, 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). (CGK) (Entered: 06/26/2026)

#4

Jun 26, 2026

District Judge Patti B. Saris: ORDER entered. ORDER Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than July 1, 2026.(CGK) (Entered: 06/26/2026)

#5

Jun 26, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 2241- Service Order mailed to Respondents on 6/26/2026. (CGK) (Entered: 06/26/2026)

Jun 26, 2026

Copy Mailed

Jun 26, 2026

Notice of Case Assignment

#6

Jun 30, 2026

Notice of Appearance

#7

Jun 30, 2026

Extension of Time to File Response/Reply

#8

Jul 01, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 7 Motion for Extension of Time to File Response as to 1 Petition for Writ of Habeas Corpus (2241). Response due by 7/9/2026 (CGK) (Entered: 07/01/2026)

#9

Jul 01, 2026

Appear Pro Hac Vice

Jul 01, 2026

Order on Motion for Extension of Time to File Response/Reply

#10

Jul 02, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added Emily Kase. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CGK) (Entered: 07/02/2026)

Jul 02, 2026

Order on Motion for Leave to Appear

#11

Jul 07, 2026

Notice of Appearance

#12

Jul 08, 2026

Notice of Appearance

#13

Jul 09, 2026

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

#14

Jul 09, 2026

Notice of Withdrawal of Appearance

#15

Jul 15, 2026

Expedite

#16

Jul 29, 2026

Notice of Supplemental Authorities

#17

Jul 30, 2026

ELECTRONIC NOTICE of Hearing. Hearing set for 8/6/2026 11:00 AM in Remote Proceeding : Boston before District Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here.(LP) (Entered: 07/30/2026)

Jul 30, 2026

Notice of Hearing

#18

Aug 03, 2026

Appear Pro Hac Vice

#19

Aug 05, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 18 Motion for Leave to Appear Pro Hac Vice Added Eleni R. Bakst. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (CGK) (Entered: 08/05/2026)

Aug 05, 2026

Order on Motion for Leave to Appear

#20

Aug 06, 2026

Notice of Appearance

#21

Aug 06, 2026

Electronic Clerk's Notes for proceedings held before District Judge Patti B. Saris: Hearing held on 8/6/2026 by video re: Petition for a Writ of Habeas Corpus filed by Dieumaitre Mesidor.Habeas petition taken under advisement, court adjourned. (Court Reporter: Lee Marzilli at leemarz47@gmail.com.) (MM) (Entered: 08/07/2026)

Aug 07, 2026

Motion Hearing

#22

Aug 11, 2026

Status Report

#23

Aug 12, 2026

Status Report

#24

Aug 12, 2026

Memorandum & Order

#25

Aug 26, 2026

Status Report

#26

Sep 02, 2026

District Judge Patti B. Saris: ORDER entered. JUDGMENT as to Mesidor v. Moniz et al (CGK) (Entered: 09/02/2026)

#27

Sep 02, 2026

First MOTION to Enforce Judgment by Dieumaitre Mesidor. (Attachments: # 1 Exhibit DHS's Bond Submission, # 2 Exhibit Petitioner's Bond Submission)(Kase, Emily) (Entered: 09/02/2026)

#28

Sep 02, 2026

First MOTION for Attorney Fees by Dieumaitre Mesidor. (Attachments: # 1 Exhibit Declaration of Emily Kase, # 2 Exhibit Declaration of Dieumaitre Mesidor)(Kase, Emily) (Entered: 09/02/2026)

#29

Sep 03, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered. Respondents shall file any opposition to Petitioner's motion to enforce the Court's August 12, 2026 order (Dkt. 27 ) no later than September 16, 2026. Respondents shall submit with their opposition a transcript and/or audio recording of the bond hearing in immigration court. (BEL) (Entered: 09/03/2026)

Sep 03, 2026

Order

#30

Sep 14, 2026

Response to Motion

#31

Sep 14, 2026

Stay

#32

Sep 16, 2026

STATUS REPORT Regarding Motion to Enforce by Dieumaitre Mesidor. (Kase, Emily) (Entered: 09/16/2026)

#33

Sep 16, 2026

First MOTION for Leave to File Reply in Support of Motion to Enforce by Dieumaitre Mesidor.(Kase, Emily) (Entered: 09/16/2026)

#34

Sep 16, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 33 First Motion for Leave to File Reply in Support of Motion to Enforce by Dieumaitre Mesidor. 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. (CGK) (Entered: 09/16/2026)

Sep 16, 2026

Order on Motion for Leave to File Document

#35

Sep 17, 2026

First REPLY to Response to 27 First MOTION to Enforce Judgment filed by Dieumaitre Mesidor. (Kase, Emily) (Entered: 09/17/2026)

#36

Sep 18, 2026

District Judge Patti B. Saris: ELECTRONIC ORDER entered denying 27 Motion to Enforce Judgment. Petitioner Dieumaitre Mesidor ("Petitioner") filed a habeas petition under 28 U.S.C. § 2241 to challenge the lawfulness of his immigration detention. The Court previously ordered the government to provide Petitioner with a bond hearing in immigration court. At the hearing, the Immigration judge denied Petitioner's request for release on bond. Petitioner filed a motion to enforce this Courts order, contending that Respondents failed to provide a constitutionally adequate bond hearing.As an initial matter, as this Court has previously held, a noncitizen need not exhaust an appeal to the" Board of Immigration Appeals before bringing a due process challenge of this sort "given the irreparable harm caused by [the] allegedly unlawful and ongoing detention." Cuzco Ganzhi v. Moniz, No. 26-cv-11478, 2026 WL 1194941, at *1 (D. Mass. May 1, 2026) (collecting cases). The Court's authority in reviewing Petitioner's due process challenge, however, "is limited." Diaz Ortiz v. Smith, 384 F. Supp. 3d 140, 143 (D. Mass. 2019). A noncitizen must "either point to the language of the immigration judge's" ruling indicating she applied the wrong standard of proof "or demonstrate that the evidence itself could not -- as a matter of law -- have supported' the immigration judge's decision to deny bond." Id. (quoting Hechavarria v. Whitaker, 358 F. Supp. 3d 227, 240 (W.D.N.Y. 2019)); see Miti v. Moniz, 827 F. Supp. 3d 206, 217 (D. Mass. 2026), appeal filed, No. 26-1655 (1st Cir. June 1, 2026). At the bond hearing, the immigration judge found by clear and convincing evidence that Petitioner was a danger to the community and concluded that no amount of bond or alternative to detention would adequately mitigate that risk. The immigration judge applied the correct standard, addressed several pieces of evidence, and concluded that the government had met its burden of showing Petitioner was dangerous. The immigration judge relied on Petitioner's "serious criminal history," which includes charges for assault and battery with a dangerous weapon, intimidating a witness, and two counts of abuse of a protection order. Dkt. 25-1 at 5. In particular, the immigration judge considered the affidavit of the alleged victim, Petitioner's girlfriend, stating that Petitioner forced her to have sexual intercourse with him and then hit her with a baton until she lost consciousness. While the charges were dismissed, it was not improper for the immigration judge to consider the underlying conduct described in the affidavit. Cf. Cuzco Ganzhi, 2026 WL 1194941, at *1 ("[A] criminal charge need not ripen into a conviction before an immigration judge may consider a police report's description of the conduct underlying the charge when assessing a noncitizen's dangerousness."). The immigration judge also noted that there was no letter of support from the alleged victim retracting her prior statement. The Court recognizes and expresses great sympathy for the fact that Petitioner's girlfriend gave birth to premature twins during his detention and that one of the babies tragically passed away recently. Given the seriousness of the charges against Petitioner, however, the Court finds the evidence was sufficient as to dangerousness and therefore cannot conclude that the immigration judge's determination was so arbitrary as to offend due process. Thus, the Court need not address the issue of flight risk.The Court also acknowledges that on September 11, 2026, Petitioner was granted withholding of removal, and DHS reserved the right to appeal. This does not affect the immigration judge's dangerousness finding. Petitioner also does not argue that this changed the government's statutory authority to detain him. To the extent Petitioner wishes to raise arguments related to his withholding of removal or potential removal to a third country, this motion to enforce is not the appropriate avenue. Accordingly, Petitioner's motion to enforce (Dkt. 27 ) is DENIED. (BEL) Modified docket text on 9/18/2026 (BEL). (Entered: 09/18/2026)

Sep 18, 2026

Order on Motion to Enforce Judgment