District of Massachusetts • 1:26-cv-13161

Asencio v. Wesling

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Case Information

Filed: July 09, 2026
Assigned to: Brian E. Murphy
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: August 04, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 09, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11877380 Fee status: Filing Fee paid., filed by Cesar Asencio. (Attachments: # 1 Exhibit 1, I-918 Supplement B, # 2 Exhibit 2, (c)(14) EAD, # 3 Category Form, # 4 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 07/09/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 10, 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 Jennifer C. Boal. (JAM) (Entered: 07/10/2026)
#3
Jul 10, 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: 07/10/2026)
Main Document: General Order 19-02
#4
Jul 10, 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 Monday, July 13, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, July 16, 2026.(MBM) (Entered: 07/10/2026)
Main Document: Service Order-2241 Petition
#5
Jul 10, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Matthew Lyons and USAMA Civil Process, mailed to each respondents on 7/10/2026. (MBM) (Entered: 07/10/2026)
Jul 10, 2026
Notice of Case Assignment
Jul 10, 2026
Copy Mailed
#6
Jul 13, 2026
Response to Court Order
Main Document: Response to Court Order
#7
Jul 13, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Jul 15, 2026
Extension of Time to File Response/Reply
Main Document: Extension of Time to File Response/Reply
#9
Jul 15, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 8 MOTION for Extension of Time to July 20, 2026, at 1:00 pm. (MBM) (Entered: 07/15/2026)
Jul 15, 2026
Order on Motion for Extension of Time to File Response/Reply
#10
Jul 20, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Jul 21, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents contend that “Petitioner underwent withholding only proceedings and is currently appealing the Immigration Judge’s denial of his applications and reinstated order of removal to Haiti. See Exhibits 4-5.” Dkt. 10 at 11. However, in that same filing, Respondents assert that “On or about May 12, 2026, an Immigration Judge in Chelmsford, Massachusetts, granted the Petitioner’s application for withholding of removal, pursuant to INA § 241(b)(3). On or about June 8, 2026, ICE timely filed an appeal of the Immigration Judge’s decision with the Board of Immigration Appeals (‘BIA’). The appeal before the BIA remains pending.” Id. at 3 (citations omitted); see also Dkt. 10 -1 at paras. 19–20 (same). Further, the “Exhibits 4-5” that Respondents reference, Dkt. 10 at 11, do not appear to have been filed on the docket, and the reference to Haiti appears to be erroneous. Respondents are ORDERED to clarify this discrepancy and ensure that all supporting documents are filed on the docket on or before 2:00 p.m. today, Tuesday, July 21, 2026. (MBM) (Entered: 07/21/2026)
#12
Jul 21, 2026
RESPONSE TO COURT ORDER by Todd Blanche, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling re 11 Order,,,,, . (McMahon, Erica) (Entered: 07/21/2026)
Main Document: Response to Court Order
#13
Jul 21, 2026
Leave to File Document
Main Document: Leave to File Document
Jul 21, 2026
Order
#14
Jul 22, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER granting 13 Assented to Motion for Leave to File Reply in Support of Petition no later than 8/4/2026. (BIB) (Entered: 07/22/2026)
Jul 22, 2026
Order on Motion for Leave to File Document
#15
Aug 04, 2026
Response - not related to a motion
Main Document: Response - not related to a motion