District of Massachusetts • 1:26-cv-13688
Rosario Encarnacion v. Wesling
Active
Case Information
Filed: August 11, 2026
Assigned to:
Richard Gaylore Stearns
Referred to:
—
Nature of Suit: Habeas Corpus - Alien Detainee
Cause:
28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity:
September 14, 2026
Parties:
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Docket Entries
#1
Aug 11, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11951071 Fee status: Filing Fee paid., filed by Josefina Rosario Encarnacion. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Nader, Eliana) (Entered: 08/11/2026)
Main Document:
Petition for Writ of Habeas Corpus - 2241
#2
Aug 11, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 M. Page Kelley. (FGD) (Entered: 08/11/2026)
#3
Aug 11, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 08/11/2026)
Main Document:
Order
#4
Aug 11, 2026
Copy re 3 Order, 1 Petition for Writ of Habeas Corpus (2241) mailed to David Wesling, Markwayne Mullin, Sirce Owen, Todd Blanche, Patricia Hyde on 8/11/2026. (JAM) (Entered: 08/11/2026)
#5
Aug 11, 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). (JAM) (Entered: 08/11/2026)
Main Document:
General Order 19-02
Aug 11, 2026
Notice of Case Assignment
Aug 11, 2026
Copy Mailed
#6
Aug 13, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Todd Blanche, Patricia Hyde, Markwayne Mullin, Sirce Owen, David Wesling (Engingro, Vincent) (Entered: 08/13/2026)
Main Document:
Notice of Appearance
#7
Aug 13, 2026
NOTICE by Todd Blanche, Patricia Hyde, Markwayne Mullin, Sirce Owen, David Wesling re 3 Order, 1 Petition for Writ of Habeas Corpus (2241) of Intent to Transfer Petitioner (Engingro, Vincent) (Entered: 08/13/2026)
Main Document:
Notice - Other
#8
Aug 18, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241) by Todd Blanche, Patricia Hyde, Markwayne Mullin, Sirce Owen, David Wesling. (Engingro, Vincent) (Entered: 08/18/2026)
Main Document:
Answer/Response to Petition for Writ of Habeas Corpus - 2241
#9
Aug 19, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 8 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, Patricia Hyde, Todd Blanche, Sirce Owen. Petitioner, Josefina Rosario Encarnacion is a twenty-six-year-old native and citizen of Dominican Republic who has been living in the United States since November 26, 2022, after entering the United States without inspection through El Paso, Texas. Petitioner is a resident of Lowell, Massachusetts, a single mother of two children ages 8 years old and 7 months old. Additionally, Petitioner is pregnant. While Rosario Encarnacion is currently in removal proceedings, she has a pending I-589, Application for Asylum and Withholding of Removal, before an Immigration Judge. She has a valid work permit and a stable job. Petitioner was arrested by Immigration and Customs Enforcement (ICE) officers when she was leaving the Lowell District Court on August 10, 2026. The court finds that Josefina Rosario Encarnacion is entitled to a bond hearing. The government must arrange a bond hearing for Josefina Rosario Encarnacion before an Immigration Judge (consistent with the standards outlined in Hernandez-Lara v. Lyons, 10 F.4th 19 (1st Cir. 2021)), as soon as practicable, but in no case later than Monday August 24, 2026. The court directs the parties to report to the court within 48 hours of a decision from the Immigration Judge in this matter. (MZ) (Entered: 08/19/2026)
Aug 19, 2026
Order
#10
Aug 26, 2026
STATUS REPORT by Todd Blanche, Patricia Hyde, Markwayne Mullin, Sirce Owen, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 08/26/2026)
Main Document:
Status Report
#11
Sep 02, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 10 Status Report filed by Markwayne Mullin, David Wesling, Patricia Hyde, Todd Blanche, Sirce Owen. Petitioner has until September 23, 2026, to file an appeal with the Board of Immigration Appeals (BIA) regarding the Immigration Judge's denial of bond. The court will STAY this matter until Ms. Rosario-Encarnacion makes her election. Her counsel must advise the court no later than September 24, 2026, whether an appeal before the BIA has been taken. (MZ) (Entered: 09/02/2026)
Sep 02, 2026
~Util - Case Stayed
Sep 02, 2026
Order
#12
Sep 11, 2026
Notice - Other
Main Document:
Notice - Other
#14
Sep 14, 2026
Order Dismissing Case
Main Document:
Order Dismissing Case
Sep 14, 2026
Order
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