Active
Case Information
Filed: July 21, 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:
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Docket Entries
#1
Jul 21, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11904956 Fee status: Filing Fee paid., filed by Erik Gilberto Ortega. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Attachment, # 3 Text of Proposed Order Proposed Order, # 4 Category Form)(Wilcox-Warren, Liam) (Entered: 07/21/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Jul 22, 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. (JKK) (Entered: 07/22/2026)
#3
Jul 22, 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). (MAC) (Entered: 07/22/2026)
Main Document:
General Order 19-02
#4
Jul 22, 2026
Judge Brian E. Murphy: 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 Thursday, July 23, 2026. Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Monday, July 27 2026. (MAC) (Entered: 07/22/2026)
Main Document:
Service Order-2241 Petition
Jul 22, 2026
Notice of Case Assignment
#5
Jul 23, 2026
Notice of Appearance
Main Document:
Notice of Appearance
#6
Jul 23, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#7
Jul 23, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. The Court ordered Respondents to 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 Thursday, July 23, 2026, and, along with that response, provide copies of any Notices to Appear, Warrants for Arrest of Alien, or Notices of Custody Determination issued in connection with Petitioner’s current detention. Dkt. 4 at 2. The Court stated that [i]f Respondents fail to respond as directed by either of the above deadlines, the Court will assume that Petitioners detention is unlawful and order that Petitioner be immediately released. Respondents only attach the Notice of Appear to their response. Dkt. 6 -1. Respondents are ORDERED to file the Warrant for Arrest of Alien by 1:00 p.m. tomorrow, July 24, or Petitioner will be released. (MBM) (Entered: 07/23/2026)
Jul 23, 2026
Order
#8
Jul 24, 2026
NOTICE by Todd Blanche, Antone Moniz, Markwayne Mullin re 7 Order,,, Filing of Warrant (Attachments: # 1 Exhibit I-200)(Tolkoff, Benjamin) (Entered: 07/24/2026)
Main Document:
Notice - Other
#9
Jul 24, 2026
Amicus Curiae APPEARANCE entered by Robert M Warren on behalf of Erik Gilberto Ortega. (Warren, Robert) (Entered: 07/24/2026)
Main Document:
Amicus Curiae Appearance
#10
Jul 24, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. “Respondents submit that the legal issues presented in this Petition are similar to those recently addressed by this Court in Martinez v. Hyde, No. 25-cv-11613-BEM, --- F. Supp. 3d ---, 2025 WL 2084238 (D. Mass. July 24, 2025) [and] Romero v. Hyde, No. 25-cv-11631-BEM, __ F. Supp. 3d __, 2025 WL 2403827 (D. Mass. Aug. 19, 2025).” Dkt. 6 at 1; see also Dkt. 8 -1 (Warrant for Arrest of Alien under sections 236 and 287 of the Immigration and Nationality Act). In addition, Respondents assert that “Petitioner is therefore a Guerrero Orellana class member.” Id. Accordingly, Petitioner is “subject to detention under 8 U.S.C. [s.] 1226(a).” Guerrero Orellana, 2025 WL 3687757, at *10.For the reasons stated in the cases cited by Respondents, this Petition is GRANTED in part Respondents shall release Petitioner by 5:00 pm on Thursday, July 30, 2026, unless, before that time, Petitioner is provided a bond hearing under 8 U.S.C. s. 1226(a) which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the IJ considers alternatives to detention. 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.Any request for fees should be filed within the deadlines set by the Equal Access to Justice Act, 28 U.S.C. s. 2412.(MBM) (Entered: 07/24/2026)
Jul 24, 2026
Order
#11
Aug 04, 2026
Status Report
Main Document:
Status Report
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