District of Massachusetts • 1:26-cv-13739

Navichoque Torres v. Moniz

Completed

Case Information

Filed: August 13, 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
Completed: September 11, 2026
Last Activity: September 15, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 13, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11958402 Fee status: Filing Fee paid., filed by Oliver Osmin Navichoque Torres. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit Detainee Locator Page)(Burns, Matthew) Modified on 8/13/2026 to delete duplicate docket text (CEH). (Entered: 08/13/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 13, 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 Jennifer C. Boal. (MAC) (Entered: 08/13/2026)
#3
Aug 13, 2026
Judge Richard G. Stearns: ORDER entered Concerning Service of Petition and Stay of Transfer or Removal. (JAM) (Entered: 08/13/2026)
Main Document: Order
#4
Aug 13, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Order mailed to Antone Moniz, David Wesling, Todd Lyons, Markwayne Mullin, Todd Blanche on 8/13/2026. (JAM) (Entered: 08/13/2026)
Aug 13, 2026
Copy Mailed
Aug 13, 2026
Notice of Case Assignment
#5
Aug 14, 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: 08/14/2026)
Main Document: General Order 19-02
#6
Aug 20, 2026
NOTICE of Appearance by Erica McMahon on behalf of Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling (McMahon, Erica) (Entered: 08/20/2026)
Main Document: Notice of Appearance
#7
Aug 20, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 08/20/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Aug 21, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 7 Response to Petition for Writ of Habeas Corpus - 2241 filed by Markwayne Mullin, David Wesling, Todd Blanche, Todd Lyons, Antone Moniz. Petitioner Oliver Osmin Navichoque Torres is a Guatemalan citizen who entered the United States without inspection in April of 2015 as a minor and has resided in the United States since that time. He is currently detained at Plymouth County House of Correction by U.S. Immigration and Customs Enforcement (ICE). The court finds that petitioner is entitled to a bond hearing. The government must arrange a bond hearing for Oliver Osmin Navichoque Torres 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 Thursday August 27, 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: 08/21/2026)
Aug 21, 2026
Order
#9
Aug 31, 2026
STATUS REPORT by Todd Blanche, Todd Lyons, Antone Moniz, Markwayne Mullin, David Wesling. (Attachments: # 1 Exhibit 1)(McMahon, Erica) (Entered: 08/31/2026)
Main Document: Status Report
#10
Sep 01, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 9 Status Report filed by Markwayne Mullin, David Wesling, Todd Blanche, Todd Lyons, Antone Moniz. At the redetermination hearing on August 26, 2026, the Immigration Judge (IJ) found that the government failed to establish by clear and convincing evidence that petitioner Oliver Osmin Navichoque-Torres posed a danger to the community. However, the IJ found that Navichoque-Torres is a flight risk and denied bond. The IJ based her decision on the fact that, while Navichoque-Torres does not have a history of evading immigration proceedings, he has made no attempt to regularize his status after immigration proceedings were terminated against him in 2023. She also found the evidence inconsistent regarding any fixed address for Navichoque-Torres. As bond has been denied, the court requires petitioner to show cause no later than Thursday, September 10, 2026, why the district court has any further jurisdiction over this matter. (MZ) (Entered: 09/01/2026)
Sep 01, 2026
Order
#11
Sep 10, 2026
RESPONSE TO ORDER TO SHOW CAUSE by Oliver Osmin Navichoque Torres. (Burns, Matthew) (Entered: 09/10/2026)
Main Document: Response to Order to Show Cause
#12
Sep 11, 2026
Judge Richard G. Stearns: ELECTRONIC ORDER entered re 11 Response to Order to Show Cause filed by Oliver Osmin Navichoque Torres. As Petitioner has accepted voluntary departure from the United States, the court has no further jurisdiction over this matter. The Clerk will dismiss and close this case.(MZ) (Entered: 09/11/2026)
#13
Sep 11, 2026
Judge Richard G. Stearns: ORDER entered. ORDER DISMISSING CASE. (JAM) (Entered: 09/11/2026)
Main Document: Order Dismissing Case
Sep 11, 2026
Order
#14
Sep 15, 2026
Dismiss
Main Document: Dismiss
Sep 15, 2026
Order on Motion to Dismiss