District of Massachusetts • 1:26-cv-13154

#1

Jul 09, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11876297 Fee status: Filing Fee paid., filed by Frantz Marc. (Attachments: # 1 Exhibit 1, I-94, # 2 Category Form, # 3 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 07/09/2026)

#2

Jul 09, 2026

ELECTRONIC NOTICE of Case Assignment. Judge Brian E. Murphy 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. (SP) (Entered: 07/09/2026)

#3

Jul 09, 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). (MBM) (Entered: 07/09/2026)

#4

Jul 09, 2026

Judge Brian E. Murphy: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. Respondents shall determine whether Petitioner is a member of the class certified in Guerrero Orellana v. Moniz, No. 25-CV-12664-PBS (D. Mass.), and notify the Court no later than 1:00 p.m. on Friday, July 10, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Wednesday, July 15, 2026.(MBM) (Entered: 07/09/2026)

#5

Jul 09, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Hillary Harnett and USAMA Civil Process, mailed to each respondents on 7/9/2026. (MBM) (Entered: 07/09/2026)

Jul 09, 2026

Notice of Case Assignment

Jul 09, 2026

Copy Mailed

#6

Jul 10, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling (Engingro, Vincent) (Entered: 07/10/2026)

#7

Jul 10, 2026

RESPONSE TO COURT ORDER by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 4 Service Order - 2241 Petition,, . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Engingro, Vincent) (Entered: 07/10/2026)

#8

Jul 15, 2026

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

#9

Jul 15, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered GRANTING in part 1 the petition for writ of habeas corpus. It is undisputed that Petitioner was paroled into the United States pursuant to 8 U.S.C. s. 1182(d)(5)(A), and that his humanitarian parole expired in April 2024. See Dkt. 1 para. 4; Dkt. 8 at 3; see also Dkt. 1 -1. Petitioner argues that because he was arrested in the interior of the United States after his parole expired, he is now detained under 8 U.S.C. s. 1226(a), rather than 8 U.S.C. s. 1225(b). See Dkt. 1 para. 42; see also Dkt. 8 -3 (Warrant for Arrest of Alien under sections 236 and 287 of the Immigration and Nationality Act). However, this Court has already rejected that argument, see Tenemasa-Lema v. Hyde, 810 F. Supp. 3d 244, 251–52 (D. Mass. 2025), and the Court concludes that Petitioner’s detention is subject to 8 U.S.C. s. 1225(b). Nonetheless, as Respondents concede, this Court has previously determined that petitioners detained under 8 U.S.C. s. 1225(b) are entitled to a bond hearing. Dkt. 8 at 13–14 (citing Rincon v. Hyde, 810 F. Supp. 3d 101 (D. Mass. 2025)).Accordingly, the Court ORDERS that Petitioner receive a constitutionally adequate bond hearing to consider the merits of his release on or before July 22, 2026. Respondents are further ORDERED to file a status report within 24 hours of the Immigration Judge’s decision on bond, stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial, or whether he has been released, and if so, the date, time, and location of his release. Respondents should include a copy of the IJ’s decision with their status report.(MBM) (Entered: 07/15/2026)

Jul 15, 2026

Order

#10

Jul 22, 2026

Status Report

#11

Jul 23, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. On July 15, 2026, the Court granted in part the petition for a writ of habeas corpus, ordering “a constitutionally adequate bond hearing to consider the merits of his release on or before July 22, 2026.” Dkt. 9 . Petitioner informed the Court that he has not received a bond hearing as of the close of business on July 22, 2026. Dkt. 10 . Respondents are therefore in violation of this Court’s July 15, 2026 order. Petitioner is ORDERED released IMMEDIATELY. Respondents are ORDERED to submit a status report by 4:00 p.m. on Friday, July 24, 2026, confirming Petitioner’s release. (MBM) (Entered: 07/23/2026)

Jul 23, 2026

Order

#12

Jul 24, 2026

STATUS REPORT by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Engingro, Vincent) (Entered: 07/24/2026)

#13

Jul 24, 2026

Judge Brian E. Murphy: ORDER entered. FINAL JUDGMENT... In accordance with this Court’s Order (ECF #9) issued on July 15, 2026, granting in part the Petitioner’s Writ of Habeas Corpus, it is hereby ORDERED: Judgment for the Petitioner against the Respondents. (MBM) (Entered: 07/24/2026)