District of Massachusetts • 1:26-cv-13080

Clerveau v. Wesling

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Case Information

Filed: July 02, 2026
Assigned to: Leo Theodore Sorokin
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: July 14, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 02, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11863315 Fee status: Filing Fee paid., filed by Smith Clerveau. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Da Cruz, Jacinda) Modified on 7/6/2026: Removed duplicate text. (FGD) (Entered: 07/02/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 06, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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 Jennifer C. Boal. (MBM) (Entered: 07/06/2026)
#3
Jul 06, 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). (FGD) (Entered: 07/06/2026)
Main Document: General Order 19-02
#4
Jul 06, 2026
District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (FGD) (Entered: 07/06/2026)
Main Document: Service Order-2241 Petition
#5
Jul 06, 2026
Copy re 4 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to Duty AUSA and mailed to Respondents and USAO on 7/6/2026. (FGD) (Entered: 07/06/2026)
Jul 06, 2026
Copy Mailed
Jul 06, 2026
Notice of Case Assignment
#6
Jul 09, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Jul 09, 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 10, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The petitioner, a citizen of Haiti, has filed a petition pursuant to 28 U.S.C. 2241 challenging his detention by the respondents. Doc. No. 1. He alleges he entered the United States lawfully in 2023 through a humanitarian-parole program established by the government. During his initial two-year parole period, he applied for Temporary Protected Status. He was permitted until recently to remain at liberty (presumably on conditions of supervision imposed by the respondents). There are no allegations before the Court that he was ever charged with any crimes or otherwise violated the conditions of his supervision during the years he has spent living here. On July 1, 2026, ICE arrested and detained the petitioner, apparently based on the alleged expiration of his parole last fall. See Doc. No. 7 at 1 n.1; Doc. No. 7-1. The petitioner challenges the lawfulness of his detention. The respondents concede this case is analogous to many others in which this Court has rejected the respondents claims that detention is mandatory pursuant to 8 U.S.C. 1225. See Doc. No. 7. They have identified no basis for believing the petitioner presently poses a flight risk or a danger to the community. Seeid.In light of the foregoing, the Petition is ALLOWED. Because the respondents unlawfully terminated the petitioners release without any change in circumstances bearing on the risk of flight or danger to the community he poses, and without any process (let alone due process), the Court finds that ordering a bond hearing is not an adequate remedy. SeeMurzi v. Noem, No. 26-cv-359, 2026 WL 395111, at *1-2 (D. Colo. Feb. 12, 2026) (citing cases reaching same conclusion). Accordingly, the respondents shall IMMEDIATELY RELEASE the petitioner, no later than 3 PM today, July 10, 2026, and they shall not retaliate against him for the filing of this habeas petition. The respondents shall file a status report by July 13, 2026, confirming that the petitioner was released in compliance with this Order.(FGD) (Entered: 07/10/2026)
Jul 10, 2026
Order AND ~Util - Set Deadlines
#9
Jul 13, 2026
Status Report
Main Document: Status Report
#10
Jul 14, 2026
Judgment
Main Document: Judgment