District of Massachusetts • 1:26-cv-14367

#1

Sep 24, 2026

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number AMADC-12060408 Fee status: Filing Fee paid., filed by Augusto Lopes Vemba. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Miller, Jacob) Modified on 9/24/2026: removed duplicate text. (FGD) (Entered: 09/24/2026)

#2

Sep 24, 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 Donald L. Cabell. (SP) (Entered: 09/24/2026)

#3

Sep 24, 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: 09/24/2026)

#4

Sep 24, 2026

District Judge Angel Kelley: ORDER entered. Standing Order Regarding Motion Practice. (CEH) (Entered: 09/24/2026)

#5

Sep 24, 2026

District Judge Angel Kelley: ORDER entered. Order Concerning Service of Petition, Stay of Transfer or Removal, and Required Response. (CEH) (Entered: 09/24/2026)

#6

Sep 24, 2026

Copy re 1 Petition for Writ of Habeas Corpus (2241), 5 Service Order - 2241 Petition emailed to AUSA Alexandra Brazier, Rayford Farquhar, and USAMA Civil Process on 9/24/2026 at 4:00 pm and mailed to all respondents (CEH) (Entered: 09/24/2026)

Sep 24, 2026

Copy Mailed

Sep 24, 2026

Notice of Case Assignment

#7

Sep 29, 2026

NOTICE of Appearance by Vincent Engingro, III on behalf of Michael Krol, Markwayne Mullin, David J. Venturella, David Wesling (Engingro, Vincent) (Entered: 09/29/2026)

#8

Sep 29, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Michael Krol, Markwayne Mullin, David J. Venturella, David Wesling. (Engingro, Vincent) (Entered: 09/29/2026)

#9

Sep 29, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Before the Court is Petitioner Augusto Lopes Vemba’s Petition for Writ of Habeas Corpus. [Dkt. 1]. Respondents acknowledge that Petitioner is eligible for a bond hearing conducted pursuant to 8 U.S.C. § 1226. [Dkt. 8]. Under the First Circuit’s binding decision in Guerrero Orellana v. Moniz, No. 25-2152, 2026 WL 2352042 (1st Cir. Aug. 13, 2026), the court 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. Petitioner’s 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, unless Petitioner requests an extension. Respondents are ENJOINED from denying Petitioner bond on the basis that he is detained pursuant to 8 U.S.C. § 1225(b)(2). Respondents are ORDERED to file a status report within fourteen (14) calendar days of this Order stating whether Petitioner has been granted bond, and, if his request for bond was denied, the reasons for that denial.(CEH) (Entered: 09/29/2026)

#10

Sep 29, 2026

RESPONSE/ANSWER to Petitioner's 1 Petition for Writ of Habeas Corpus (2241), by Michael Krol, Markwayne Mullin, David J. Venturella, David Wesling. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Engingro, Vincent) Modified on 9/30/2026 to strike due to being entered in the wrong case (CEH). (Entered: 09/29/2026)

Sep 29, 2026

Order

#11

Oct 01, 2026

Emergency MOTION FOR PROMPT MEDICAL EVALUATION by Augusto Lopes Vemba.(Miller, Jacob) (Entered: 10/01/2026)

#12

Oct 01, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. Petitioner Augusto Lopes Vemba has filed an Emergency Motion for Prompt Medical Evaluation. [Dkt. 11]. In his Motion, Petitioner alleges that on September 22, 2026, U.S. Immigration and Customs Enforcement (“ICE”) agents arrested him by tackling and tasing him for approximately fifteen seconds, causing him severe headaches that have lasted at least three days. [Id.]. He also avers that, pursuant to this Court’s September 29, 2026, Order [Dkt. 9], Respondents have scheduled a bond hearing for next week, and that he is unable to meaningfully participate in the hearing absent adequate medical care. He requests an order from this Court directing the government to provide such care.Petitioner’s Motion is ALLOWED, subject to any opposition from Respondents to be filed by noon (12:00 PM) tomorrow, October 2, 2026. Respondents are ORDERED to: (1) within 48 hours, arrange an in-person evaluation by a licensed physician, including any imaging or specialist referral the physician deems indicated; (2) file a status report describing the evaluation, findings, and treatment plan; and (3) preserve all records and footage relating to the use of force at Petitioner’s arrest and his medical care. (MAL) (Entered: 10/01/2026)

Oct 01, 2026

Order on Motion for Miscellaneous Relief

#13

Oct 02, 2026

STATUS REPORT by Michael Krol, Markwayne Mullin, David J. Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Additional attachment(s) added on 10/2/2026: # 2 Exhibit 2) (JAM). (Entered: 10/02/2026)

#14

Oct 02, 2026

MOTION to Seal Document 13 Status Report Exhibit 2 by Michael Krol, Markwayne Mullin, David J. Venturella, David Wesling.(Engingro, Vincent) (Entered: 10/02/2026)

#15

Oct 02, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered granting 14 Motion to Seal Document. (JAM) (Entered: 10/02/2026)

Oct 02, 2026

Order on Motion to Seal Document

#16

Oct 05, 2026

Petitioner's Status Report and NOTICE of Intent to File Renewed Motion for Immediate Release (Miller, Jacob) Modified on 10/5/2026 to modify docket text (CEH). (Entered: 10/05/2026)

#17

Oct 05, 2026

Petitioner's Renewed MOTION FOR IMMEDIATE RELEASE by Augusto Lopes Vemba.(Miller, Jacob) Modified on 10/5/2026 to modify docket text (CEH). (Entered: 10/05/2026)

#18

Oct 13, 2026

STATUS REPORT by Michael Krol, Markwayne Mullin, David J. Venturella, David Wesling. (Attachments: # 1 Exhibit 1)(Engingro, Vincent) (Entered: 10/13/2026)

#19

Oct 14, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On September 29, 2026, this Court granted Petitioners Habeas Petition. [Dkt. 9]. On October 13, 2026, Respondents provided a Status Report indicating that Petitioner had a bond hearing and was granted bond. [Dkt. 18]. As a result, Petitioner is DIRECTED to show cause within the next seven (7) calendar days why his Renewed Motion for Immediate Release [Dkt. 17] should not be denied as moot. Otherwise, absent objection, the Court will deny the Motion as moot and terminate the suit. (CEH) (Entered: 10/14/2026)

Oct 14, 2026

Order

#20

Oct 22, 2026

District Judge Angel Kelley: ELECTRONIC ORDER entered. On October 14, 2026, the Court directed Petitioner to show cause within seven calendar days why his Renewed Motion for Immediate Release [Dkt. 17] should not be denied as moot in light of Respondents’ Status Report indicating that Petitioner had a bond hearing and was granted bond. [Dkt. 19]. To date, Petitioner has not filed a response nor sought an extension of time to do so. In accordance with the Court’s October 14, 2026, Order, Petitioner’s 17 Renewed Motion for Immediate Release is DENIED AS MOOT. Order closing case to follow. (CEH) (Entered: 10/22/2026)

#21

Oct 22, 2026

District Judge Angel Kelley: ORDER entered. ORDER CLOSING CASE (CEH) (Entered: 10/22/2026)

Oct 22, 2026

Order on Motion for Miscellaneous Relief