District of Massachusetts • 1:26-cv-13485

Le v. Moniz

Completed

Case Information

Filed: July 30, 2026
Assigned to: Indira Talwani
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: September 02, 2026
Last Activity: September 02, 2026
Parties: View All Parties →

Docket Entries

#1
Jul 30, 2026
Third PETITION for Writ of Habeas Corpus (2241) Habeas Corpus Filing fee: $ 5, receipt number AMADC-11926729 Fee status: Filing Fee paid., filed by Thanh Nam Le. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Petitioner Motion and Evidence before IJ, # 4 Exhibit DHS Evidence before IJ, # 5 Exhibit IJ Bond Order of July 20 2026)(Mandache, Costica) (Entered: 07/30/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Jul 31, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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. (EZG) (Entered: 07/31/2026)
#3
Jul 31, 2026
Judge Indira Talwani: ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL (MAP) (Entered: 07/31/2026)
Main Document: Order
#4
Jul 31, 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: 07/31/2026)
Main Document: General Order 19-02
#5
Jul 31, 2026
Assented to MOTION for Extension of Time to 8/5/2026 to File Response/Reply as to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Patricia Hyde, Michael Krol, Antone Moniz, Markwayne Mullin, Donald Trump, David Venturella.(Farquhar, Rayford) (Entered: 07/31/2026)
Main Document: Extension of Time to File Response/Reply
Jul 31, 2026
Notice of Case Assignment
#6
Aug 03, 2026
Judge Indira Talwani: ELECTRONIC ORDER allowing 5 Assented to Motion for an Extension of Time to August 5, 2026 to Respond to the Habeas Petition. (MAP) (Entered: 08/03/2026)
Aug 03, 2026
Order on Motion for Extension of Time to Answer
#7
Aug 05, 2026
Notice of Appearance
Main Document: Notice of Appearance
#8
Aug 05, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Aug 06, 2026
Notice of Withdrawal of Appearance
Main Document: Notice of Withdrawal of Appearance
#10
Aug 10, 2026
Memorandum of Law
Main Document: Memorandum of Law
#11
Aug 28, 2026
Judge Indira Talwani: ELECTRONIC ORDER: On June 2, 2026, the court granted Petitioner's first petition for writ of habeas corpus and ordered that Petitioner be either released or "provide[d] a constitutionally-adequate bond hearing pursuant to 8 U.S.C. § 1226(a) and Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)." Mem. & Order 2, Le v. Moniz, 26-cv-12166 (D. Mass. June 2, 2026), Dkt. No. 10. On June 8, the Chelmsford Immigration Court held a bond hearing and denied Petitioner bond on the basis that he posed a flight risk. Status Rep. 1, Le v. Moniz, 26-cv-12166 (D. Mass. June 16, 2026), Dkt. No. 11.Petitioner requested a bond redetermination hearing due to changed circumstances, which took place on July 16, 2026. The Chelmsford Immigration Court again denied Petitioner bond on the basis that he “continues to be a flight risk so much so that no bond amount would ameliorate said flight.” Pet. Ex. 5 [[1-5]]. On July 30, 2026, Petitioner filed the pending Petition for Writ of Habeas Corpus [ 1 ], arguing that the July 16, 2026 bond hearing did not comport with due process.Due process requires that Respondents prove Petitioner’s “flight risk by a preponderance of the evidence” during a custody redetermination hearing. Hernandez-Lara, 10 F.4th at 46. Based on the record before this court, the Immigration Court considered the evidence presented and made the requisite findings in reaching the decision to deny bond. Petitioner’s disagreement with the Immigration Court’s weighing of the evidence and ultimate determination does not establish that Respondents failed to comply with Hernandez-Lara. Although this court may have weighed the evidence differently, the court cannot conclude on the record here that the Immigration Court’s determination that Respondents demonstrated Petitioner’s flight risk by a preponderance of the evidence was “so arbitrary that it would offend fundamental tenets of due process.” Diaz Ortiz v. Smith, 384 F. Supp. 3d 140, 144 (D. Mass. 2019) (quotation omitted).Accordingly, the Petition [ 1 ] is DENIED.(MAP) (Entered: 08/28/2026)
Aug 28, 2026
Order
#12
Sep 01, 2026
Judge Indira Talwani: ELECTRONIC ORDER: Where the court has denied Petitioner’s [Third] Petition for Writ of Habeas Corpus [ 1 ], see Elec. Order [ 11 ], the clerk is directed to CLOSE this matter.(MAP) (Entered: 09/01/2026)
Sep 01, 2026
Order
#13
Sep 02, 2026
Judge Indira Talwani: ORDER OF DISMISSAL (MAP) (Entered: 09/02/2026)
Main Document: Order Dismissing Case