District of Massachusetts • 1:26-cv-13761

#1

Aug 14, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11961523 Fee status: Filing Fee paid., filed by Eleandro Almeida De Souza. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet, # 3 Exhibit 1 - I220A Order of Release)(Cerretani, Gabriela) (Entered: 08/14/2026)

#2

Aug 14, 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 Paul G. Levenson. (CAM) (Entered: 08/14/2026)

#3

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). (MBM) (Entered: 08/14/2026)

#4

Aug 14, 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 Monday, August 17, 2026.Respondents shall provide any further answer to the Petition, if necessary, no later than 1:00 p.m. on Thursday, August 20, 2026.(MBM) (Entered: 08/14/2026)

#5

Aug 14, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 4 Service Order - 2241 Petition emailed to Duty AUSA Julien Mundele and USAMA Civil Process and mailed to all respondents on 8/14/2026. (MBM) (Entered: 08/14/2026)

Aug 14, 2026

Notice of Case Assignment

Aug 14, 2026

Copy Mailed

#6

Aug 17, 2026

MOTION for Extension of Time to Close of Business to File Response/Reply as to 4 Service Order - 2241 Petition,, by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling.(Tolkoff, Benjamin) (Entered: 08/17/2026)

#7

Aug 17, 2026

NOTICE by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling re 4 Service Order - 2241 Petition,, Filing of I-200 Warrant & Notice to Appear (Attachments: # 1 Exhibit I-200 & NTA)(Tolkoff, Benjamin) (Entered: 08/17/2026)

#8

Aug 17, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered granting 6 MOTION for Extension of Time to Close of Business to File Response/Reply as to 4 Service Order - 2241 Petition. (MBM) (Entered: 08/17/2026)

#9

Aug 17, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 08/17/2026)

#10

Aug 17, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. "Respondents submit that, based on the First Circuit's decision in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042, at *1 (1st Cir. Aug. 13, 2026)... this Court would likely conclude that the basis for Petitioner's detention is 8 U.S.C. § 1226(a)." Dkt. 9 at 1; Dkt. 7-1 (Warrant for Arrest of Alien under sections 236 and 287 of the Immigration and Nationality Act). Accordingly, "[n]oncitizens like [Petitioner] who are present in the United States without admission are not subject to § 1225(b)(2)(A)'s mandatory detention provision, but rather, are governed by § 1226." Guerrero Orellana, 2026 WL 2352042, at *11. Therefore, Petitioner is entitled to a bond hearing. See id. at *1 ("[T]he district court was right to order the government to release Guerrero Orellana or provide him with a bond hearing."). 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 Monday, August 24, 2026, unless, before that time, Petitioner is provided a bond hearing under 8 U.S.C. § 1226(a) which comports with the standards articulated in Hernandez-Lara v. Lyons, 10 F.4th 19, 26 (1st Cir. 2021), and in which the IJ considers alternatives to detention. 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. § 2412.(BEL) (Entered: 08/17/2026)

Aug 17, 2026

Order

Aug 17, 2026

Order on Motion for Extension of Time to File Response/Reply

#11

Aug 19, 2026

Notice of Appearance

#12

Aug 25, 2026

Status Report

#13

Aug 30, 2026

Emergency MOTION to Enforce Judgment by Eleandro Almeida De Souza. (Attachments: # 1 Exhibit 1 - IJ Decision, # 2 Exhibit 2 - Petitioner's Bond Evidence, # 3 Exhibit 3 - Department's Bond Evidence (Form I-213), # 4 Exhibit 4 - Unofficial Transcript of Bond Hearing)(Cerretani, Gabriela) (Entered: 08/30/2026)

#14

Aug 31, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered. Respondents are ordered to file a response to Petitioner's motion to enforce on or before Thursday, September 3, 2026 at 2:00 p.m., and include therewith all evidence presented to the Immigration Judge that Petitioner did not submit, if any, and an audio recording of the August 24, 2026 bond hearing. (MBM) (Entered: 08/31/2026)

Aug 31, 2026

Order

#15

Sep 03, 2026

RESPONSE to Motion re 13 Emergency MOTION to Enforce Judgment filed by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 09/03/2026)

#16

Sep 03, 2026

NOTICE OF MANUAL FILING by Todd W. Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling re 15 Response to Motion Audio-Recording of Bond Hearing and Exhibits Filed in Support (Tolkoff, Benjamin) (Entered: 09/03/2026)

#17

Sep 04, 2026

Judge Brian E. Murphy: ELECTRONIC ORDER entered GRANTING 13 Petitioner's Motion to Enforce Judgment. "[T]he sole evidence submitted by the government, Petitioner's Form I-213, 'could not -- as a matter of law -- have supported' the immigration judge's decision to deny bond." Vaca Espinoza v. Moniz, No. 26-cv-11472, Dkt. 15 (June 17, 2026) (quoting Diaz Ortiz v. Smith, 384 F. Supp. 3d 140, 144 (D. Mass. 2019)); cf. Rosa v. Garland, 114 F.4th 1 (1st Cir. 2024) ("[W]hen exercising its discretion, the agency may not give substantial weight to a police report in the absence of a conviction or corroborating evidence of the allegations contained in the report." (internal quotation marks omitted)). A full opinion detailing the Court's reasoning will follow. Petitioner is ORDERED IMMEDIATELY RELEASED. Respondents are ORDERED to submit a status report on or before 5:00 p.m. on September 4, 2026 detailing their compliance with this order. (MBM) (Entered: 09/04/2026)

#18

Sep 04, 2026

Response to Court Order

Sep 04, 2026

Order on Motion to Enforce Judgment

#19

Sep 11, 2026

Judge Brian E. Murphy: ORDER entered. MEMORANDUM AND ORDER on Petitioner's Motion to Enforce. Petitioner’s motion to enforce is GRANTED and Petitioner is ordered immediately released. (MBM)

#20

Sep 17, 2026

Judgment