District of Massachusetts • 1:26-cv-14169

Luna Vargas v. Wesling

Active

Case Information

Filed: September 10, 2026
Assigned to: Leo Theodore Sorokin
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 28:2241 Petition for Writ of Habeas Corpus (federa
Active
Last Activity: September 16, 2026
Parties: View All Parties →

Docket Entries

#1
Sep 10, 2026
PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12023757 Fee status: Filing Fee paid., filed by Esleither Junior Luna Vargas. (Attachments: # 1 Category Form, # 2 Civil Action Cover Sheet, # (3) Motion for TRO, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F) (Anderson, Elizabeth) Modified on 9/11/2026: TRO motion removed and resubmitted as separate entry - see ECF 2 - NEF regenerated. Counsel has been informed of their improper filing (EZG). (Entered: 09/10/2026)
Main Document: Petition for Writ of Habeas Corpus - 2241
#2
Sep 10, 2026
EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Esleither Junior Luna Vargas. (EZG) (Entered: 09/11/2026)
Main Document: Temporary Restraining Order
#3
Sep 11, 2026
ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin 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. (SP) (Entered: 09/11/2026)
#4
Sep 11, 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). (SP) (Entered: 09/11/2026)
Main Document: General Order 19-02
#5
Sep 11, 2026
District Judge Leo T. Sorokin: ORDER entered. ORDER CONCERNING SERVICE OF PETITION AND STAY OF TRANSFER OR REMOVAL. (SP) (Entered: 09/11/2026)
Main Document: Service Order-2241 Petition
#6
Sep 11, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. Respondents shall by 3pm report Petitioner's location. (SP) (Entered: 09/11/2026)
#7
Sep 11, 2026
Copy re 5 Service Order - 2241 Petition, 1 Petition for Writ of Habeas Corpus (2241), mailed to All Respondents on 9/11/2026. (SP) (Entered: 09/11/2026)
#8
Sep 11, 2026
NOTICE by Todd Blanche, Markwayne Mullin, David J. Venturella, David Wesling Notice Regarding Place of Confinement (Lyons, Matthew) (Entered: 09/11/2026)
Main Document: Notice - Other
Sep 11, 2026
Notice of Case Assignment
Sep 11, 2026
Copy Mailed
Sep 11, 2026
Order
#9
Sep 15, 2026
NOTICE of Appearance by Benjamin Tolkoff on behalf of Todd Blanche, Markwayne Mullin, David J. Venturella, David Wesling (Tolkoff, Benjamin) (Entered: 09/15/2026)
Main Document: Notice of Appearance
#10
Sep 15, 2026
RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241),, by Markwayne Mullin, David J. Venturella, David Wesling. (Tolkoff, Benjamin) (Entered: 09/15/2026)
Main Document: Answer/Response to Petition for Writ of Habeas Corpus - 2241
#11
Sep 16, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court has reviewed the petition and the answer, in which the respondents acknowledge that, under the First Circuit’s recent decision in Guerrero-Orellana, Petitioner is detained under 8 U.S.C. 1226(a) and is therefore eligible for a bond hearing. Doc. No. 10 . This concession was made on behalf of all respondents in this case and, therefore, is binding on ICE and the Departments of Homeland Security and Justice. In light of the foregoing, the Court construes—and ORDERS the respondents to likewise construe—the pending petition as conveying a request for a bond hearing before an immigration judge. The Court further ORDERS that such a hearing shall be scheduled (if it has not already been scheduled) to occur by Wednesday, September 23, 2026; that the legal standard governing such hearing is as established by the First Circuit in Hernandez-Lara v. Lyons; that, in assessing whether the government has met its burden of proof as to flight or danger, the immigration judge shall consider whether any condition, combination of conditions, or less-restrictive alternative to detention would ameliorate such risk(s); and that the respondents shall not retaliate against Petitioner for the filing of this action. The parties shall file a joint status report by Tuesday, September 29, 2026, notifying the Court of whether a bond hearing has occurred and, if so, its outcome, and shall include a copy of any written order of the immigration judge. The merits of the habeas petition remain under advisement pending receipt and review of that status report.(FGD) (Entered: 09/16/2026)
#12
Sep 16, 2026
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The respondents’ answer to the petition did not address Petitioner’s allegations about the conditions of confinement at the Burlington Field Office asserted in his petition and motion for a TRO. Doc. Nos. 1, 2 . By September 21, 2026, Petitioner shall file a status report addressing (1) whether he remains at Burlington and (2) whether he seeks to press his claims relating to detention at Burlington.(FGD) (Entered: 09/16/2026)
Sep 16, 2026
Order AND ~Util - Set Deadlines

Parties

Luna Vargas
Party
Wesling
Party