District of Massachusetts • 1:26-cv-14122

#1

Sep 08, 2026

Emergency PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12016102 Fee status: Filing Fee paid., filed by Guaman Sanaguaray Rafael Alfredo. (Attachments: # 1 Category Form, # 2 Civil Cover Sheet)(Cerretani, Gabriela) (Entered: 09/08/2026)

#2

Sep 08, 2026

ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley 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. (JAM) (Entered: 09/08/2026)

#3

Sep 08, 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). (CEH) (Entered: 09/08/2026)

#4

Sep 08, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 09/08/2026)

#5

Sep 08, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 09/08/2026)

#6

Sep 08, 2026

Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), emailed to AUSA Mark Sauter, Rayford Farquhar, and USAMA Civil Process on 9/8/2026 at 4:47 pm and mailed to all respondents (CEH) (Entered: 09/08/2026)

Sep 08, 2026

Copy Mailed

Sep 08, 2026

Notice of Case Assignment

#7

Sep 11, 2026

NOTICE of Appearance by Erica McMahon on behalf of Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling (McMahon, Erica) (Entered: 09/11/2026)

#8

Sep 11, 2026

MOTION to Stay by Todd W. Blanche, Markwayne Mullin, US Department of Homeland Security, David Venturella, David Wesling.(McMahon, Erica) (Entered: 09/11/2026)

#9

Sep 14, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Guaman Sanaguaray Rafael Alfredo’s Emergency Petition for Writ of Habeas Corpus. [Dkt. 1]. For the reasons stated below, the Petition is GRANTED. On September 11, 2026, Respondents filed their response to the petition for writ of habeas corpus. [Dkt. 10]. In their response, Respondents acknowledge that Petitioner is eligible for a bond hearing conducted pursuant to 8 U.S.C. § 1226(a) under the binding decision in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042 (1st Cir. Aug. 13, 2026). [Dkt. 10 at 1]. In Guerrero Orellana v. Moniz, the First Circuit held that the arrest and detention of noncitizens within the United States is governed by 8 U.S.C. § 1226(a). On the facts before it, the Court does not find reason to deviate from the analysis presented in Guerrero Orellana. Accordingly, Petitioner is subject to 8 U.S.C. § 1226’s discretionary detention framework and entitled to a bond hearing. He has not received such a hearing, so his detention is unlawful.Respondents nonetheless ask the Court to stay this case until Petitioner requests a bond hearing before the Executive Office for Immigration Review. [Dkt. 10 at 2]. The Court declines to do so. Respondents concede that Petitioner is entitled to a bond hearing, and requiring him to first initiate a separate request would only prolong detention that the Court has found unlawful.Accordingly, the Petition [Dkt. 1] is GRANTED. Respondents are ORDERED to provide Petitioner with a bond hearing under 8 U.S.C. § 1226(a) within ten (10) calendar days of this Order subject to any requests for continuance by Petitioner. Respondents are ENJOINED from denying Petitioner bond on the ground that he is detained under 8 U.S.C. § 1225(b)(2)(A). Within fourteen (14) calendar days of this Order, Respondents shall file a status report stating whether Petitioner has been granted bond and, if bond was denied, the reasons for that denial.(CEH) (Entered: 09/14/2026)

Sep 14, 2026

Order