District of Massachusetts • 1:26-cv-13020

Miranda Navarro v. Moniz

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Case Information

Filed: June 30, 2026
Assigned to: Richard Gaylore Stearns
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
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Last Activity: August 05, 2026
Parties: View All Parties →

Docket Entries

#1
Jun 30, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11856367 Fee status: Filing Fee paid., filed by Carlos Avelino Miranda Navarro. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Dill, Nicole) (Entered: 06/30/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jun 30, 2026
Judge Indira Talwani: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (CM) (Entered: 06/30/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jul 01, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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. (LBO) (Entered: 07/01/2026)
#4
Jul 01, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 07/01/2026)
Main Document: Order
#5
Jul 01, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Order mailed to Antone Moniz, Patricia Hyde, David Venturella, Markwayne Mullin, Todd Blanche on 7/1/2026. (JAM) (Entered: 07/01/2026)
#6
Jul 01, 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). (JAM) (Entered: 07/01/2026)
Main Document: General Order 19-02
Jul 01, 2026
Copy Mailed
Jul 01, 2026
Notice of Case Assignment
#7
Jul 08, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Jul 09, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered. The court denied a prior habeas petition filed by petitioner on the grounds that, as an individual stopped at the border and only released on parole, he remained subject to the provisions of 8 U.S.C. § 1225(b)(1). The government would have the court dismiss on that basis, arguing that this case is an unlawful second and successive petition. But given the central allegation in the Petition -- namely, that petitioner's prior order of removal was vacated after the government failed to timely provide him with a credible fear interview, such that his current removal proceedings fall under Section 1226(a) -- the court is inclined to first give petitioner an opportunity to explain why his petition is not subject to dismissal as a second and successive petition and to substantiate his assertion that Section 1225(b)(1) no longer applies. Petitioner accordingly is ordered to respond to the government's opposition by July 17, 2026. (RGS, law3) (Entered: 07/09/2026)
Jul 09, 2026
Order
#9
Jul 17, 2026
Response to Court Order
Main Document: Response to Court Order
#10
Jul 20, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Response to Court Order filed by Carlos Avelino Miranda Navarro. Petitioner Carlos Avelino Miranda Navarro offers evidence that his Section 235(b)(1) Order of Removal was vacated for failure to provide a timely credible fear interview and that the government has instead initiated removal proceedings against him. See Dkt # 9-1. Because the government voluntarily elected to pursue his removal through removal proceedings rather than the expedited process delineated in 8 U.S.C. § 1225(b), the court agrees with petitioner that his detention is governed by 8 U.S.C. § 1226(a) and that he is entitled to a bond hearing. The government will arrange a bond hearing for Carlos Avelino Miranda Navarro no later than Friday July 24, 2026.(MZ) (Entered: 07/20/2026)
Jul 20, 2026
Order
#11
Aug 03, 2026
Notice of Appearance
Main Document: Notice of Appearance
#12
Aug 04, 2026
STATUS REPORT Re Bond by Antone Moniz, Markwayne Mullin, David Venturella. (Attachments: # 1 Exhibit Bond Order)(Tolkoff, Benjamin) (Entered: 08/04/2026)
Main Document: Status Report
#13
Aug 05, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 12 Status Report filed by Markwayne Mullin, David Venturella, Antone Moniz. As petitioner Carlos Avelino Miranda Navarro was released from detention on bond, the Clerk will DISMISS and close this case.(MZ) (Entered: 08/05/2026)
#14
Aug 05, 2026
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 08/05/2026)
Main Document: Order Dismissing Case
Aug 05, 2026
Order