District of Massachusetts • 1:26-cv-13534

Marques v. Moniz

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Case Information

Filed: August 03, 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 05, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 03, 2026
First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11933003 Fee status: Filing Fee paid., filed by Edson Marques. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit ICE Detainee Locator Screenshot showing Petitioner's Location in Plymouth, MA, # 4 Exhibit Petitioner's Conditional Parole Document, # 5 Exhibit Notice to Appear filed against Petitioner showing pendency of Standard Removal Proceedings)(Chatterjee, Shantanu) (Entered: 08/03/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 03, 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. (EZG) (Entered: 08/03/2026)
#3
Aug 03, 2026
Judge Allison D. Burroughs: ORDER entered. EMERGENCY ORDER CONCERNING STAY OF TRANSFER OR REMOVAL. (MC) (Entered: 08/03/2026)
Main Document: Emergency Order Concerning Stay of Transfer or Removal
Aug 03, 2026
Notice of Case Assignment
#4
Aug 04, 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: 08/04/2026)
Main Document: General Order 19-02
#5
Aug 04, 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 Wednesday, August 5, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Monday, August 10, 2026.(MBM) (Entered: 08/04/2026)
Main Document: Service Order-2241 Petition
#6
Aug 04, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to Duty AUSA Lindsey Weinstein and USAMA Civil Process, mailed to each respondents on 8/4/2026. (MBM) (Entered: 08/04/2026)
Aug 04, 2026
Copy Mailed
#7
Aug 05, 2026
NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd W. Blanche, Antone Moniz, Markwayne Mullin, Donald John Trump, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 08/05/2026)
Main Document: Notice of Appearance
#8
Aug 05, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, by Antone Moniz, Markwayne Mullin, Donald John Trump, David Venturella, David Wesling.(Tolkoff, Benjamin) (Entered: 08/05/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Aug 05, 2026
MOTION to Strike 8 Response to Petition for Writ of Habeas Corpus - 2241, by Antone Moniz, Markwayne Mullin, Donald John Trump, David Venturella, David Wesling.(Tolkoff, Benjamin) (Entered: 08/05/2026)
Main Document: Strike
#10
Aug 05, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, Corrected by Antone Moniz, Markwayne Mullin, Donald John Trump, David Venturella, David Wesling. (Tolkoff, Benjamin) (Attachments: # 1 Exhibit I-200, # 2 Exhibit NTA) (MBM). (Entered: 08/05/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Aug 05, 2026
Judge Brian E. Murphy: ORDER entered granting 9 MOTION to Strike 8 Response to Petition for Writ of Habeas Corpus - 2241. (MBM) (Entered: 08/05/2026)
#12
Aug 05, 2026
Judge Brian E. Murphy: ELECTRONIC ORDER entered. "Respondents submit that the legal issues presented in this Petition are similar to those 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. 10 at 1; see also Dkt. [10-1] (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.” Dkt. 10 at 1. 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 Wednesday, August 12, 2026, unless, before that time, Petitioner is provided a bond hearing under 8 U.S.C. s. 1226(a). 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: 08/05/2026)
Aug 05, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Aug 05, 2026
Order
Aug 05, 2026
Order on Motion to Strike