District of Massachusetts • 1:26-cv-14024

#1

Sep 01, 2026

First PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12001240 Fee status: Filing Fee paid., filed by Jose Santos Mizhirumbay Chuqui. (Attachments: # 1 Text of Proposed Order, # 2 Civil Cover Sheet, # 3 Category Form, # 4 Exhibit List)(Kalil, Clarissa) Modified on 9/2/2026 to remove duplicate docket text. (JKK). (Attachment 2 replaced on 9/2/2026) (JKK). (Attachment 4 replaced on 9/2/2026) (JKK). (Additional attachment(s) added on 9/2/2026: # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F) (JKK). (Entered: 09/01/2026)

#2

Sep 01, 2026

First MOTION for Temporary Restraining Order by Jose Santos Mizhirumbay Chuqui. (Attachments: # 1 Text of Proposed Order)(Kalil, Clarissa) Modified on 9/2/2026 to remove duplicate docket text (JKK). (Entered: 09/01/2026)

#3

Sep 01, 2026

Proposed Summons by Jose Santos Mizhirumbay Chuqui as to Todd Blanche, U.S.Department of Homeland Security, Antone Moniz, Markwayne Mullin, David Venturella, David Wesling. (Kalil, Clarissa) Modified on 9/2/2026 (JKK). (Entered: 09/01/2026)

#4

Sep 02, 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 M. Page Kelley. (FGD) (Entered: 09/02/2026)

#5

Sep 02, 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). (EZG) (Entered: 09/02/2026)

#6

Sep 02, 2026

Chief District Judge Denise J. Casper: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (EZG) (Entered: 09/02/2026)

#7

Sep 02, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 2 First MOTION for Temporary Restraining Order. On September 1, 2026, Jose Santos Mizhirumbay Chuqui ("petitioner") filed a petition for writ of habeas corpus and motion for temporary restraining order. D. 1; D. 2. By separate order issued today, the Court set a deadline for the response to the petition, D. 6. The government's response to the TRO is due by September 8, 2026. (SEC) (Entered: 09/02/2026)

Sep 02, 2026

Notice of Case Assignment

Sep 02, 2026

Order AND ~Util - Set Motion and R&R Deadlines/Hearings

#8

Sep 09, 2026

NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd Blanche, Antone Moniz, Markwayne Mullin, U.S. Department of Homeland Security, David Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 09/09/2026)

#9

Sep 09, 2026

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, by U.S. Department of Homeland Security, David Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 09/09/2026)

#10

Sep 10, 2026

Chief District Judge Denise J. Casper: ELECTRONIC ORDER entered re 2 First Motion for Temporary Restraining Order. Having considered the Petition of Jose Santos Mizhirumbay Chuqui ("Petitioner") for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (the “Petition”), D. 1, Petitioner's motion for a TRO, D. 2, and the government's response, D. 9, the Court ALLOWS the Petition to the following extent. As Respondents recognized, D. 9 at 1, 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), and this Court's prior decisions, this Court concludes that Petitioner's custody is covered by 8 U.S.C. § 1226(a) (which allows for discretionary determination of custody before an immigration judge) and not 8 U.S.C. § 1225(b)(2) (which provides for mandatory detention for "applicants for admission"), see Guerrero Orellana, 2026 WL 2352042, at *11 ("join[ing] the Second, Sixth, Seventh, Ninth, Tenth, and Eleventh Circuits in holding that noncitizens . . . who are present in the United States without admission . . . are governed by § 1226"); Order, Dias De Carvalho v. Hyde et al., No. 25-cv-12677-DJC (D. Mass. Nov. 4, 2025), D. 14 and cases cited. Thus, Petitioner is entitled to a bond hearing. See Barbosa da Cunha v. Freden, 175 F.4th 61, 71 (2d Cir. 2026) (affirming that petitioner's detention "is governed by Section 1226(a) and that he is entitled to a bond hearing . . . consistent with the decisions of . . . over ninety percent of district court judges"). The Court orders a bond hearing in this matter given this legal analysis and given Petitioner's allegations of ongoing medical issues, which were not addressed in the government's response. Contrast D. 1 ¶¶ 14, 92-93, and D. 2 at 8, with D. 9 at 1-2. Accordingly, the Court ALLOWS the Petition insofar as it sought a bond hearing/custody redetermination under 8 U.S.C. § 1226(a), at which the government bears the burden of proving Petitioner poses a danger to the community or flight risk, see Hernandez-Lara v. Lyons, 10 F.4th 19, 41 (1st Cir. 2021), which the Court ORDERS within seven (7) days of this Order. Respondents are also ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). The Court further ORDERS Respondents to file a status report within ten (10) days of this Order stating whether Petitioner has been granted bond and, if his request for bond was denied, the reasons for that denial. Respondents' status report shall also describe the measures that Respondents have taken to address Petitioner's cited medical issues. Given this ruling, the Court DENIES Petitioner's motion for a TRO, D. 2, AS MOOT. (SEC) (Entered: 09/10/2026)

Sep 10, 2026

Order on Motion for TRO