District of Massachusetts • 1:26-cv-13351

Barthol v. Wesling

Active

Case Information

Filed: July 21, 2026
Assigned to: William G. Young
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 09, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 21, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11905206 Fee status: Filing Fee paid., filed by Estivenson Barthol. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Tietjen, Rhonda) Modified on 7/22/2026 to remove duplicate text (LBO). (Entered: 07/21/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 21, 2026
District Judge Leo T. Sorokin: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (PK) (Entered: 07/21/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
#3
Jul 22, 2026
ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Jessica D. Hedges. (JKK) (Entered: 07/22/2026)
#4
Jul 22, 2026
Judge William G. Young: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL Respondents shall answer or otherwise respond to the petition no later than Wednesday July 29, 2026.(MAP) (Entered: 07/22/2026)
Main Document: Order
#5
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). (MAP) (Entered: 07/22/2026)
Main Document: General Order 19-02
Jul 22, 2026
Notice of Case Assignment
#6
Jul 24, 2026
Notice of Appearance
Main Document: Notice of Appearance
#7
Jul 29, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Aug 11, 2026
Notice of Appearance
Main Document: Notice of Appearance
#9
Aug 26, 2026
MOTION to Expedite Ruling on Petition for Writ of Habeas Corpus by Estivenson Barthol.(Freidel, Irene) (Entered: 08/26/2026)
Main Document: Expedite
#10
Aug 28, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. After careful consideration of the parties’ submissions, including Judge Young’s prior rulings, the Court concludes that Petitioner is entitled to a bond hearing. See Mesidor v. Moniz, No. 26-cv-12915, 2026 WL 2333634, at *2 (D. Mass. Aug. 12, 2026) (collecting cases and adopting “majority approach in this district”); see also Al-Thuraya v. Warden, Orange Cnty. Corr. Facility, 809 F. Supp. 3d 135, 141–45 (S.D.N.Y. 2025) (examining Supreme Court precedent, concluding that “entry-fiction exception is inapplicable,” and ordering a bond hearing). Respondents are ORDERED to provide Petitioner with a constitutionally adequate bond hearing within 10 days of this order. See Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021). Any decision by the immigration judge to retain Petitioner in custody shall set forth the reasons for the continued detention, specifically identifying the basis for the conclusion that Petitioner’s release would pose a danger or flight risk that cannot be addressed by alternative measures. Respondents are ORDERED to file a status report within 14 days of this order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(MAP) (Entered: 08/28/2026)
Aug 28, 2026
Order AND ~Util - Terminate Motions
#11
Sep 09, 2026
Status Report
Main Document: Status Report