District of Massachusetts • 1:26-cv-13751

Alexis v. Moniz

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Case Information

Filed: August 14, 2026
Assigned to: Allison Dale Burroughs
Referred to: —
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: October 01, 2026
Parties: View All Parties →

Docket Entries

#1
Aug 14, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-11960242 Fee status: Filing Fee paid., filed by Garyl Alexis. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Category Form)(Maguire, Claire) (Entered: 08/14/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Aug 14, 2026
ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs 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. (CAM) (Entered: 08/14/2026)
#3
Aug 14, 2026
Judge Allison D. Burroughs: ORDER entered. Order Concerning Service of Petition and Stay of Transfer or Removal. The answer or responsive pleading is due no later than August 28, 2026.(CAM) (Entered: 08/14/2026)
Main Document: Service Order-2241 Petition
#4
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). (CAM) (Entered: 08/14/2026)
Main Document: General Order 19-02
#5
Aug 14, 2026
Copy re 1 Petition for Writ of Habeas Corpus (2241), 3 Service Order - 2241 Petition emailed to Duty AUSA Mundele and mailed to Respondents on 8/14/2026. (CAM) (Entered: 08/14/2026)
Aug 14, 2026
Copy Mailed
Aug 14, 2026
Notice of Case Assignment
#6
Aug 27, 2026
NOTICE of Appearance by Vincent Engingro, III on behalf of Antone Moniz, David Venturella, David Wesling (Engingro, Vincent) (Entered: 08/27/2026)
Main Document: Notice of Appearance
#7
Aug 28, 2026
RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Antone Moniz, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Engingro, Vincent) (Entered: 08/28/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#8
Aug 28, 2026
Assented to MOTION for Leave to File Reply to Respondents' Opposition to Petition for Writ of Habeas Corpus within 14 Days by Garyl Alexis.(Maguire, Claire) (Entered: 08/28/2026)
Main Document: Leave to File Document
#9
Aug 29, 2026
Opposition re 8 Assented to MOTION for Leave to File Reply to Respondents' Opposition to Petition for Writ of Habeas Corpus within 14 Days filed by Antone Moniz, David Venturella, David Wesling. (Engingro, Vincent) (Entered: 08/29/2026)
Main Document: Opposition to Motion
#10
Aug 31, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting in part 8 Motion for Leave to File Reply. Reply due by 9/4/26. (KF) (Entered: 08/31/2026)
Aug 31, 2026
Order on Motion for Leave to File Document
#11
Sep 04, 2026
MEMORANDUM OF LAW by Garyl Alexis in Support of Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1)(Maguire, Claire) (Entered: 09/04/2026)
Main Document: Memorandum re Petition
#12
Sep 22, 2026
NOTICE by Antone Moniz, David Venturella, David Wesling re 3 Service Order - 2241 Petition of Intent to Remove Petitioner (Engingro, Vincent) (Entered: 09/22/2026)
Main Document: Notice - Other
#13
Sep 23, 2026
MOTION for Order to Enforce Order by Garyl Alexis.(Maguire, Claire) (Entered: 09/23/2026)
Main Document: Order
#14
Sep 23, 2026
RESPONSE to Motion re 13 MOTION for Order to Enforce Order filed by Antone Moniz, David Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Engingro, Vincent) (Entered: 09/23/2026)
Main Document: Response to Motion
#15
Sep 23, 2026
MOTION for Leave to File Reply to Respondents' Response to Petitioner's Motion to Enforce by Garyl Alexis.(Maguire, Claire) (Entered: 09/23/2026)
Main Document: Leave to File Document
#16
Sep 23, 2026
MOTION for Leave to File Reply to Respondents' Response to Petitioner's Motion to Enforce by Garyl Alexis.(Maguire, Claire) (Entered: 09/23/2026)
Main Document: Leave to File Document
#17
Sep 23, 2026
Withdrawal of motion: 15 MOTION for Leave to File Reply to Respondents' Response to Petitioner's Motion to Enforce filed by Garyl Alexis.. (Maguire, Claire) (Entered: 09/23/2026)
Main Document: Withdrawal
#18
Sep 23, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 16 Motion for Leave to File Reply to Respondents' Response to Petitioner's Motion to Enforce. Petitioner may file a reply of no more than 10 pages, limited to information and arguments not already presented in Petitioner's petition, [ECF No. 11 ], and motion, [ECF No. 13 ]. (KF) (Entered: 09/23/2026)
Sep 23, 2026
Order on Motion for Leave to File Document
#19
Sep 24, 2026
REPLY to Response to 13 MOTION for Order to Enforce Order filed by Garyl Alexis. (Maguire, Claire) (Entered: 09/24/2026)
Main Document: Reply to Response to Motion
#20
Sep 28, 2026
Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Petitioner’s motion to enforce the Court’s order, [ECF No. 13 ], is DENIED AS MOOT as the government has stated that it will not remove Petitioner until after the Court has dissolved its stay, [ECF No. 12 at 1]; accord [ECF No. 14 at 1]. Petitioner’s habeas claim is limited to challenging his detention, Gonzalez-Fuentes v. Molina, 607 F.3d 864, 873–74 (1st Cir. 2010), not challenging his impending removal, see Benito Vasquez v. Moniz, 788 F. Supp. 3d 177, 182 (D. Mass. 2025), and even if he could challenge his removal in a habeas action, Petitioner has not yet articulated a lawful basis for the Court to stop his removal, see generally 8 U.S.C. § 1252. Accordingly, from the Court’s vantage, it appears that the order staying Petitioner’s removal should likely be dissolved, and that doing so would moot Petitioner’s habeas action, see Abdala v. Immigr. & Naturalization Serv., 488 F.3d 1061, 1064 (9th Cir. 2007). Petitioner cannot use the stay entered by this Court—without which it appears that Respondents are ready to remove him—as the basis for arguing that his removal is not yet likely.Nonetheless, in light of Petitioner’s recent steps to seek additional process before he is removed, see [ECF No. 19 at 2–3], and the government’s statement that it is prepared to remove Petitioner as soon as the Court allows, [ECF No. 12 at 1], the Court concludes that a brief window for briefing and deliberation is appropriate. By October 1, 2026, Petitioner is ORDERED to file a brief that addresses (1) what would happen if the Court dissolved its stay of removal, including whether Petitioner would be removed and whether such removal would moot this action, and (2) any legal basis for the Court to stay Petitioner’s removal, limited to bases that are both (a) cognizable in a habeas action, see Gonzalez-Fuentes, 607 F.3d at 873–74, and (b) within the Court’s jurisdiction, see generally 8 U.S.C. § 1252. If Petitioner concludes that a separate civil action is required to present claims not cognizable in habeas, he should indicate that in his brief. By October 3, 2026, Respondents are ORDERED to respond to Petitioner’s brief and, in addition to other issues raised by Petitioner, address whether Petitioner is entitled to pursue the avenues of relief indicated in his most recent filing, see [ECF No. 19 at 2–3], prior to being removed. (CAM) (Entered: 09/28/2026)
Sep 28, 2026
Order on Motion for Order
#21
Oct 01, 2026
Brief - not related to a motion
Main Document: Brief - not related to a motion