District of Massachusetts • 1:26-cv-13563

Casanova Vargas v. Wesling

Completed

Case Information

Filed: August 05, 2026
Assigned to: Denise Jefferson Casper
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Completed: August 25, 2026
Last Activity: August 25, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 05, 2026
Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11937827 Fee status: Filing Fee paid., filed by Auris Casanova Vargas. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Ciachurski, Julia) (Entered: 08/05/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 05, 2026
ELECTRONIC NOTICE of Case Assignment. Chief District Judge Denise J. Casper 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. (JAM) (Entered: 08/05/2026)
#3
Aug 05, 2026
Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SEC) (Entered: 08/05/2026)
Main Document: Service Order-2241 Petition
#4
Aug 05, 2026
General Order 19-02
Main Document: General Order 19-02
Aug 05, 2026
Notice of Case Assignment
#5
Aug 10, 2026
Notice of Appearance
Main Document: Notice of Appearance
#6
Aug 10, 2026
Notice - Other
Main Document: Notice - Other
#7
Aug 12, 2026
Notice - Other
Main Document: Notice - Other
#8
Aug 14, 2026
Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 7 NOTICE by Markwayne Mullin, David Venturella, David Wesling re 3 Service Order - 2241 Petition re: Intent to Transfer Petitioner. ALLOWED. (SEC) (Entered: 08/14/2026)
Aug 14, 2026
Order
#9
Aug 19, 2026
Answer/Response to Petition for Writ of Habeas Corpus - 2241
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#10
Aug 25, 2026
Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 1 Petition for Writ of Habeas Corpus (2241), filed by Auris Casanova Vargas. Having considered the Petition of Auris Casanova Vargas ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, D. 1, and Respondents' opposition, D. 9, the Court DENIES the Petition as moot.Background. Petitioner entered the United States on February 18, 2023. D. 1 ¶ 2. She was arrested and detained by Immigration and Customs Enforcement ("ICE") on August 4, 2026, in Lynn, Massachusetts. Id. ¶ 3; D. 9 at 1. ICE held Petitioner at the ICE Boston Field Office in Burlington, MA, D. 1 ¶ 1.Petitioner filed the Petition alleging that the Field Office conditions violate the Fifth Amendment of the Constitution and seeking immediate release. D. 1 at 3-4. After the Petition was filed, the Court initially ordered a stay of transfer or removal of Petitioner, requiring, in relevant part, that Respondents provide the Court with 48 hours' notice prior to transferring Petitioner out of this district. D. 3 at 3. On August 12, 2026, Respondents filed a notice of intent to transfer Petitioner to the Strafford County Department of Corrections in Dover, New Hampshire. D. 7. The Court allowed the transfer on August 14, 2026, D. 8, and the Petitioner has since been transferred to the Strafford Facility, D. 9 at 2.Discussion. Setting aside the issue of whether Petitioner's claims regarding the conditions of her confinement may be addressed in a habeas corpus petition, see McFadden v. Burke, No. 22-cv-30062-KAR, 2023 WL 4976299, at *3 (D. Mass. Aug. 3, 2023); Kamara v. Farquharson, 2 F. Supp. 2d 81, 89 (D. Mass. 1998), Petitioner is no longer detained in the facility giving rise to her claims. Accordingly, because Petitioner is no longer held at the Field Office, her Petition seeking to ameliorate the conditions of her confinement at the Field Office is denied as moot. See McFadden, 2023 WL 4976299, at *4 (citing Snell v. Neville, 998 F.3d 474, 485 (1st Cir. 2021)).For the reasons set forth above, the Court DENIES the Petition, D. 1. (SEC) (Entered: 08/25/2026)
#11
Aug 25, 2026
Chief District Judge Denise J. Casper: ORDER entered. ORDER OF DISMISSAL. (SEC) (Entered: 08/25/2026)
Main Document: Order Dismissing Case
Aug 25, 2026
Order